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Full text of "North Carolina Register v.9 no. 24 (3/15/1995)"

The 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



IN ADDITION 

Voting Rights Act 



PROPOSED RULES 

Environment, Health, and Natural Resources 

Human Resources 

Labor 

Pharmacy, Board of 

Public Education 

Transportation 



a 



COWo 

TITUl II U I 

T!OM| u 



LIST OF RULES CODDTED 



RRC OBJECTIONS 



CONTESTED CASE DECISIONS 



ISSUE DATE: March 15, 1995 



Volume 9 • Issue 24 • Pages 2069 - 2229 




INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 1 50B of the General 
Statutes. All proposed administrative rules and notices of public 
hearings filed under G.S. 1 50B-21 .2 must be published in the Register. 
The Register will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the. state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription at 
a cost of one hundred and five dollars ($105.00) for 24 issues. 
Individual issues may be purchased for eight dollars ($8.00). 

Requests for subscription to the North Carolina Register should be 
directed to the Office of Administrative Hearings, P. O. Drawer 27447, 
Raleigh, N.C. 27611-7447. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 150B 
of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must first 
publish notice of the proposed action in the North Carolina Register. 
The notice must include the time and place of the public hearing (or 
instructions on how a member of the public may request a hearing); a 
statement of procedure for public comments; the text of the proposed 
rule or the statement of subject matter; the reason for the proposed 
action; a reference to the statutory authority for the action and the 
proposed effective date. 

Unless a specific statute provides otherwise, at least 1 5 days must 
elapse following publication of the notice in the North Carolina 
RegisterbcfoK the agency may conduct the public hearing and at least 
30 days must elapse before the agency can take action on the proposed 
rule. An agency may not adopt a rule that differs substantially from the 
proposed form published as part of the public notice, until the adopted 
version has been published in the North Carolina Register for an 
additional 30 day comment period. 

When final action is taken, the promulgating agency must file the 
rule with the Rules Review Commission (RRC). After approval by 
RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative Hearings 
for publication in the North Carolina Administrative Code (NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or before 
filing with OAH for publication in the NCAC. 



TEMPORARY RULES 

Under certain emergency conditions, agencies may issue tem 
rary rules. Within 24 hours of submission to OAH, the Codifiei 
Rules must review the agency's written statement of findings of nf 
for the temporary rule pursuant to the provisions'in G.S. 150B-21.1 
the Codifier determines that the findings meet the criteria in C 
150B-21.1, the rule is entered into the NCAC. If the Codi: 
determines that the findings do not meet the criteria, therule is renin 
to the agency. The agency may supplement its findings and resub 
thetemporary rule for an additional review or the agency may respc 
that it will remain with its initial position. The Codifier, thereafter, v 
enter the rule into the NCAC. A temporary rule becomes effect 
either when the Codifier of Rules enters the rule in the Code or on 
sixth business day after the agency resubmits the rule without chan 
The temporary rule is in effect for the period specified in the ruleor 
days, whichever is less. An agency adopting a temporary rule m 
begin rule-making procedures on the permanent rule at the same ti 
the temporary rule is filed with the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a compilaii 
and index of the administrative rules of 25 state agencies and 
occupational licensing boards. The NCAC comprises approximat 
15,000 letter size, single spaced pages of material of -which appro 
mately 35% is changed annually. Compilation and publication of 
NCAC is mandated by G.S. 150B-21.18. 

The Code is divided into Titles and Chapters. Each state agencj 
assigned a separate title which is further broken down by chapte 
Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of ti 
dollars and 50 cents ($2.50) for 10 pages or less, plus fifte 
cents ($0.15) per each additional page. 

(2) The full publication consists of 53 volumes, totaling 
excess of 15,000 pages. It is supplemented monthly w 
replacement pages. A one year subscription to the 1 
publication including supplements can be purchased 
seven hundred and fifty dollars ($750.00). Individual v 
umes may also be purchased with supplement service. F 
newal subscriptions for supplements to the initial publicati 
are available. 

Requests for pages of rules or volumes of the NCAC should 
directed to the Office of Administrative Hearings. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, p< 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to Volu 
1, Issue 1, pages 101 through 201 of the North Carolina Registerissx. 
on April 1, 1986. 



FOR INFORMATION CONTACT: Office of Administra- 
tive Hearings, ATTN: Rules Division, P.O. Drawer 27447, 
Raleigh, North Carolina 2761 1-7447, (919) 733-2678. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



ISSUE CONTENTS 



I. IN ADDITION 

Voting Rights Act 



2069 



II. PROPOSED RULES 
Environment, Health, and 
Natural Resources 

Environmental Management .... 2073 

Health Services 2127 

Wildlife Resources Commission . . 2120 
Human Resources 

Departmental Rules 2070 

Labor 

OSHA 2071 

Licensing Board 

Pharmacy, Board of 2162 

Public Education 

Elementary and Secondary 2158 

Transportation 

Highways, Division of 2159 



III. LIST OF RULES CODIFIED . 



2183 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director ofAPA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 

This publication is printed on permanent, 
acid-free paper in compliance with 
G.S. 125-11.13. 



IV. RRC OBJECTIONS 2187 

V. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 2191 

Text of Selected Decisions 

94EHR0312 . 2209 

94 DOJ 1636 2221 

VI. CUMULATIVE INDEX 2226 



NORTH CAROLINA REGISTER 

Publication Schedule 

(November 1994 - September 1995) 



Volume 
and 
Issue 

Number 


Issue 
Date 


Last Day 

for 

Filing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

toRRC 


** Earliest 

Effective 

Date 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 


9:21 


02/01/95 


01/10/95 


01/18/95 


02/16/95 


03/03/95 


03/20/95 


05/01/95 


9:22 


02/15/95 


01/25/95 


02/01/95 


03/02/95 


03/17/95 


03/20/95 


05/01/95 


9:23 


03/01/95 


02/08/95 


02/15/95 


03/16/95 


03/31/95 


04/20/95 


06/01/95 


9:24 


03/15/95 


02/22/95 


03/01/95 


03/30/95 


04/17/95 


04/20/95 


06/01/95 


10:1 


04/03/95 


03/13/95 


03/20/95 


04/18/95 


05/03/95 


05/22/95 


07/01/95 


10:2 


04/17/95 


03/24/95 


03/31/95 


05/02/95 


05/17/95 


05/22/95 


07/01/95 


10:3 


05/01/95 


04/07/95 


04/17/95 


05/16/95 


05/31/95 


06/20/95 


08/01/95 


10:4 


05/15/95 


04/24/95 


05/01/95 


05/30/95 


06/14/95 


06/20/95 


08/01/95 


10:5 


06/01/95 


05/10/95 


05/17/95 


06/16/95 


07/03/95 


07/20/95 


09/01/95 


10:6 


06/15/95 


05/24/95 


06/01/95 


06/30/95 


07/17/95 


07/20/95 


09/01/95 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 



This table is published as a public service, and the computation of time periods are not to be deemed binding 
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 
6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 

of any public hearing, whichever is longer. See G.S. 150B-21. 2(f) for adoption procedures. 

** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above, 

that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 

that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st day of the next calendar 

month. 



Raised 10/94 



IN ADDITION 



I his Section contains public notices that are required to be published in the Register or have been 
approved by the Codifier of Rules for publication. 



U.S. Department of Justice 

Civil Rights Division 

DLP:GS:TGL:emr Voting Section 

DJ 166-012-3 P.O. Box 66128 

94-4659 Washington, DC. 20035-6128 

February 21, 1995 

David A. Holec, Esq. 

City Attorney 

P. O. Box 1388 

Lumberton, North Carolina 28359 

Dear Mr. Holec: 

This refers to the procedures for conducting the March 7, 1995, special vacancy and bond elections 
of the City of Lumberton in Robeson County, North Carolina, submitted to the Attorney General pursuant 
to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission 
on December 22, 1994. 

The Attorney General does not interpose any objection to the specified changes. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the changes. See the Procedures for the Administration of Section 5 
(28 C.F.R. 51.41). 



Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2069 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

l\otice is hereby given in accordance with G.S. 150B-21.2 that the DHR- Secretary's Office intends to adopt 
rule cited as 10 NCAC IB .0420. 

1 he proposed effective date of this action is June 1 , 1995. 

Instructions on How to Demand a Public Hearing (must be requested in writing within 15 days of notice): 
Written demand for a public hearing may be directed to Jack Jenkins, General Counsel, N.C. Department of 
Human Resources, 101 Blair Drive, Raleigh, North Carolina 27603 on or before March 30, 1995. 

iveason for Proposed Action: To assist local non-profit and/or for profit agencies and their auditors in 
determining if a grant or contract represents a purchase of service or if it represents financial assistance. 

K^omment Procedures: Written comments may be directed to Jack Jenkins, General Counsel, N.C. 
Department of Human Resources, 101 Blair Drive, Raleigh, North Carolina 27603 on or before April 17, 
1995. 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER IB - PROCEDURE 

SECTION .0400 - AUDITING PROCEDURES 

.0420 PURCHASE OF SERVICE VS. FINANCIAL ASSISTANCE 

(a) Non-profit and for profit agencies that receive State or Federal financial assistance either directly from 
DHR as a recipient or indirectly as a sub recipient through contractual agreements with local agencies funded 
by DHR are required to have a compliance audit performed in accordance with OMB Circular A- 133; 
however. Circular A- 133 does not apply to purchases of goods/services (vendors). 

(b) A recipient/sub recipient is distinguished from a vendor (purchase of service arrangement) by the degree 
of responsibility assumed to meet the requirements of the program. 

(c) Ina financial assistance arrangement, the recipient/sub recipient receives the funding to carry out or 
administer a program. A recipient/sub recipient may be responsible for determining who is eligible for 
participation in a program by applying pre-determined eligibility requirements. A vendor who reserves the 
right to reject a participant based on a criteria other than eligibility, does not become a recipient by exercising 
that right. A recipient/sub recipient is responsible for making programmatic decision and its performance is 
measured against meeting the programs objectives. Normally, but not always, there is an interest in how 
program funds are expended. Although recipient/sub recipient generally have cost reimbursement 
grants/contracts it is possible for them to have a fee/ rate per unit of service arrangement. 

(d) A vendor (purchase of services/goods) ]s measured against the terms of a contract. Goods must meet 
certain specifications and services are measured against certain quality standards. A vendor normally operates 
in a competitive environment and once a pre-determined unit price has been established in a contract, usually 
there is no interest in how the vendor expends funds in meeting the vendor's obligation under the terms of 
the contract. 

fe) In distinguishing between a purchase of service and financial assistance arrangement, the substance of 
the relationship is more important than the form of the agreement. 

(f) Reviewing a recipient/sub recipient contractual requirements and answering the following questions 
should give an indication of the type arrangement represented by the contract. 



2070 NORTH CAROLINA REGISTER March 15, 1995 9:24 



PROPOSED RULES 



Indication of 
Financial Purchase/ 

Assistance Service 



Yes 



No 



1^ Does the contract provider determine client eligibility? 

2;. Does the contract provider authorize services on a client 

specific basis? 
3. Does the contract provider determine the appropriateness 

of the services to be provided? 
4i Does the contract provider provide administrative functions, 

such as: 
a± Program evaluation? 
b^ Program planning? 
C;. Monitoring? 

i Develop program standards, procedures, and rules? 
5i Does the contract provider have responsibility for program 

compliance? 
6i Does the contract provider have to submit a cost report to 

satisfy a cost reimbursement arrangement? 
2i Does the contract provider have any obligation to the funding 

authority other than the delivery of the specified goods/services? 



No 



Yes 



8^ Does the contract provider operate in a competitive environment? 
2i Does the contract provider provide similar goods and/or services 

to many different purchasers? 
10. Does the contract provider provide the goods and/or services 

within normal business operations? 

The list in this Rule is not intended to be all inclusive; however, the answers to the questions should offer 
guidance in distinguishing between a purchase of service or financial assistance arrangement. There may be 
other factors that would influence the decision on whether a contract is classified as either financial assistance 
or purchase of service and the decision should only be made after weighing all factors relative to the contract. 
All factors will not carry the same weight. As an illustration, if any. of the answers to questions J. through 
5 are yes, the contract will almost always be a financial assistance arrangement. However, regardless of the 
answers to the questions, they will not contradict a determination/classification that has been/or may be made 
by. the funding Federal authority. 

The funding DHR Division's fiscal officer will be available to assist, on a timely basis, jts local counterparts 
in making the distinction in unique situations. 

Statutory Authority G.S. 143B-10(J)(2). 

TITLE 13 - DEPARTMENT OF LABOR 1, 1995. 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the NC Department of Labor, 
Division of Occupational Safety and Health intends 
to amend rule cited as 13 NCAC 07 A . 0605, with 
changes from the proposed text noticed in the 
Register . Volume 9, Issue 19, pages 1546 - 1560. 

1 he proposed effective date of this action is June 



MXeason for Proposed Action: Revisions were 
made to the proposed text based on written com- 
ments received. The related amendments to 13 
NCAC 7 A .0602, .0603 and .0604 have not been 
revised. 

K^omment Procedures: Written comments will be 
accepted until April 17, 1995. Direct all corre- 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2071 



PROPOSED RULES 



spondence to Jill F. Cramer, NCDOL/OSHA, 319 
Chapanoke Road, Suite 105, Raleigh, NC 27603- 
3432. 

tLditor's Note: An agency may not adopt a rule 
that differs substantially from the text of a pro- 
posed rule published in the Register, unless the 
agency publishes the text of the proposed differ- 
ent rule and accepts comments on the new text 
for at least 30 days after the publication of the 
new text. 

CHAPTER 7 - OSHA 

SUBCHAPTER 7A - GENERAL RULES AND 
OPERATIONAL PROCEDURES 

SECTION .0600 - SAFETY AND HEALTH 
PROGRAMS AND COMMITTEES 

.0605 SAFETY & HEALTH COMMITTEE 
REQUIREMENTS 

{a) Employ e rs — with — e mployee s — who do — Ret 

report to a fix e d or r e gular location worksit e , but 
moot th e other r e quir e ments of G.S. 95 251 and, 
if applicabl e , G.S. 95 252, are required to hav e a 
Saf e ty and Health Committee. — An employ e r with 
mobil e work crews shall hav e at least one commit 
tee for each type of cr e w. — How e v e r, if 1 1 or 
more e mploy e e s of such an e mployer also r e port 
to a fix e d or regular location worksite, th e n that 
location must have a separat e Saf e ty and Health 
Committee. 

(e) Saf e ty and H e alth Committ e es shall b e 

e stablish e d at multi employ e r construction 

worksit e s if th e singl e prime, gen e ral or managing 
contractor, any oth e r contractor, or s ubcontractor 
at th e worksit e has an e xp e ri e nce rat e modifi e r of 
1.5 or abov e . — Th e singl e prim e , g e neral or man 
aging contractor shall be re s ponsibl e for establish 
ieg — a — Saf e ty — asd — Health — Committee — fef — that 
worksit e including r e pr e sentativ es from e ach of th e 
subcontractors working at that sit e . — For construe 
tion sites where th e r e is no id e ntifi e d s ingl e prim e , 
general or managing contractor, th e contractor 
re s ponsible for e xpediting construction progre s s 
shall b e r e sponsibl e for e stablishing the Saf e ty and 
Health Committee. 

(e) — At multi e mploy e r fix e d or regular non 
construction — worksit e s. — eaeh — e mploy e r — with — a 
Saf e ty and Health Committ ee mu s t notify the oth e r 
e mployers pres e nt at that worksit e of the chairp e r 
son(s) of th e ir committ e es and arrange for th e 
e xchang e of information on hazards that affect 



other employers. 

(a) Multi-Site Employers: 

(1) Employers with 1 1 or more employees 
who do not report to a fixed or regular 
location worksite are required to have a 
Safety and Health Committee to repre- 
sent those employees. The employer 
must have a separate Safety and Health 
Committee for each mobile work crew 
consisting of j_l or more employees. 

(2) Employers with employees who report 
to a fixed or regular location worksite 
must have a separate safety and health 
committee for each location with 11 or 
more employees. 

(b) Multi-Employer Worksites: 

(1) At multi-employer fixed or regular 
location worksites, any employer re- 
quired to establish a safety and health 
committee pursuant to G.S. 95-252 
shall notify the general contractor or 
equivalent of the requirements of this 
legislation and of the chairpersons of 
their committee. 

(2) The general contractor or equivalent 
shall designate a representative to attend 
the safety and health committee meet- 
ings of the notifying employer(s). 

(3) The notifying employer shall work with 
the general contractor or equivalent to 
distribute information as required by 
G.S. 95-251(bK9). 



Statutory Authority G.S. 95-252. 



2072 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 that the DEHNR - Environmental Management 
Commission intends to amend rules cited as 15A NCAC 2B .0201, .0211 - .0212, .0214 - .0216, .0218 - 
.0219; and adopt rules cited as 15 A NCAC 2B .0220 - .0228. 

1 he proposed effective date of this action is July 1, 1995. 

Instructions on How to Demand a Public Hearing (must be requested in writing within 15 days of notice): 
Any person requesting that the Environmental Management Commission conduct a public hearing on any of 
these proposed amendments must submit a written request to Beth McGee, Division of Environmental 
Management, Water Quality Section, P.O. Box 29535, Raleigh, NC 27626-0535 by March 31, 1995. The 
request must specify which rule the hearing is being requested on. Mailed written requests must be 
postmarked no later than March 31, 1995. 

Jxeason for Proposed Action: To gather public comment on proposals to reorganize and subsequently 
recodify portions of the water quality standards and classifications rules. Rules can be found in Title 15A 
NCAC 2B . 0200. A reorganization and subsequent recodification is proposed for better rule organization and 
clarity. No additional changes other than renumbering and recodifying are part of this proposed action. This 
action would not result in any new standards or requirements of any type. 

The Water Quality Section has had to revise the state's water quality classifications and standards rules on 
numerous occasions during the past several years. These revisions have been made on the basis of changing 
state and federal laws, such as amendments to the federal Clean Water Act and passage of state laws 
pertaining to water quality protection, as well as on revisions to other agencies' rules, and necessary 
clarifications and corrections. Future revisions are expected to be necessary within the next year on the basis 
of additional changes to state and federal laws. 

As changes have been made to the rules, the description of surface water classifications and their management 
strategies has become cumbersome under the current rule structure format. In order to simplify the process 
for conducting future rule-making proceedings, a reorganization and subsequent recodification is proposed 
for better rule organization and clarity. This reorganization would establish a separate rule for each of the 
surface water classifications and the standards associated with each of the classifications. 

No additional changes other than renumbering and recodifying are part of this requested action. This action 
would not result in any new standards or requirements of any type. 

The following rules in ISA NCAC 2B .0200 have been moved and renumbered. 

Title Old Rule Number New Rule Number 

Antidegradation 

Freshwater class 

WS-I 

WS-II 

WS-I11 

WS-IV 

WS-V 

B 

SC 

SA 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2073 



.0201 


.0201 (HQW moved to .0224) 


.0211 


.0211 (just Class C) 


.0211 


.0212 


.0211 


.0214 


.0211 


.0215 


.0211 


.0216 


.0211 


.0218 


.0211 


.0219 


.0212 


.0220 


.0212 


.0221 



PROPOSED RULES 



.0222 
.0223 
.0224 
.0225 
.0226 
.0227 

.0228 



(comment Procedures: All persons interested in these proposed amendments are encouraged to submit written 
comments. Comments must be postmarked by April 17, 1995 and submitted to Beth McGee, Division of 
Environmental Management, Water Quality Section, P.O. Box 29535, Raleigh, NC 27625-0535. 



SB 


.0212 


NSW 


.0214 


HQW 


.0201 


ORW 


.0216 


Water Quality Exemptions 


.0218 


Water Quality Management Plans 


.0219 


Effluent Channels 


.0215 



CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0200 - CLASSIFICATIONS AND 

WATER QUALITY STANDARDS 

APPLICABLE TO SURFACE WATERS OF 

NORTH CAROLINA 

.0201 ANTCDEGRADATION POLICY 

(a) It is the policy of the Environmental Man- 
agement Commission to maintain, protect, and 
enhance water quality within the State of North 
Carolina. Pursuant to this policy, the requirements 
of 40 CFR 131.12 are hereby incorporated by 
reference including any subsequent amendments 
and editions. This material is available for inspec- 
tion at the Department of Environment, Health, 
and Natural Resources, Division of Environmental 
Management, Water Quality Planning Branch, 512 
North Salisbury Stre«t, Raleigh, North Carolina. 
Copies may be obtained from the U.S. Govern- 
ment Printing Office, Superintendent of Docu- 
ments, Washington, DC 20402-9325 at a cost of 
thirteen dollars ($13.00). These requirements will 
be implemented in North Carolina as set forth in 
Paragraphs (b), (c) and (d) of this Rule. 

(b) Existing uses, as defined by Rule .0202 of 
this Section, and the water quality to protect such 
uses shall be protected by properly classifying 
surface waters and having standards sufficient to 
protect these uses. In cases where the Commission 
or its designee determines that an existing use is 
not included in the classification of waters, a 
project which will affect these waters will not be 
permitted unless the existing uses are protected. 

(c) The Commission shall consider the present 
and anticipated usage of waters with quality higher 
than the standards, including any uses not specified 



by the assigned classification (such as outstanding 
national resource waters or waters of exceptional 
water quality) and will not allow degradation of 
the quality of waters with quality higher than the 
standards below the water quality necessary to 
maintain existing and anticipated uses of those 
waters. Waters with quality higher than the 
standards are defined by Rule .0202 of this Sec- 
tion. The following procedures will be implement- 
ed in order to meet these requirements: 

(1) Each applicant for an NPDES permit or 
NPDES permit expansion to discharge 
treated waste will document an effort to 
consider non-discharge alternatives 
pursuant to 15A NCAC 2H .0105(c)(2). 

(2) Public Notices for NPDES permits will 
list parameters that would be water 
quality limited and state whether or not 
the discharge will use the entire avail- 
able load capacity of the receiving 
waters and may cause more stringent 
water quality based effluent limitations 
to be established for dischargers down- 
stream. 

(3) The Division may require supplemental 
documentation from the affected local 
government that a proposed project or 
parts of the project are necessary for 
important economic and social develop- 
ment. 

(4) The Commission and Division will 
work with local governments on a 
voluntary basis to identify and develop 
appropriate management strategies or 
classifications for waters with unused 
pollutant loading capacity to accommo- 
date future economic growth. 

Waters with quality higher than the standards will 
be identified by the Division on a case-by-case 
basis through the NPDES permitting and waste 
load allocation processes (pursuant to the provi- 



2074 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



sions of 15A NCAC 2H .0100). Dischargers 
affected by the requirements of Paragraphs (c)(1) 
through (c)(4) of this Rule and the public at large 
will be notified according to the provisions de- 
scribed herein, and all other appropriate provisions 
pursuant to 15A NCAC 2H .0109. If an applicant 
objects to the requirements to protect waters with 
quality higher than the standards and believes 
degradation is necessary to accommodate important 
social and economic development, the applicant 
can contest these requirements according to the 
provisions of General Statute 143-215. 1(e) and 
150B-23. 

(d) The Commission shall consider the present 
and anticipated usage of High Quality Waters 
(HQW), including any uses not specified by the 
assigned classification (such as outstanding national 
resource waters or waters of exceptional water 
quality) and will not allow degradation of the 
quality of High Quality Waters below the water 
quality necessary to maintain existing and antici- 
pated uses of those waters. High Quality Waters 
are a subset of waters with quality higher than the 
standards and are as described by 15A NCAC 2B 
.0101(e)(5). The following procedures described 
in Rule .0224 of this Section will be implemented 
in order to meet the requirements of this part: 
part. 

(±} New or expanded wastewater discharg 

ea in High Quality Waters will comply 
with the following: 
{A) — Di s charges from new single family 
residences will be prohibited. — Tho s e 
that — must — discharge — wtH — install — a 
septic tank, dual or recirculating s and 
filter s , disinfection and step aeration. 
fB) — All new NPDES wastewater discharg 
cs (except single family re s idences) 
will be required to provide the treat 
ment described below: 

Waste s : 
as 



® — ©*yg 



efi- 
Efflucnt 



— Consuming — 
limitations — witt 



-fee- 



follows: BOD 5 - 5 mg/1, NH ,-N 
= 2 mg/1 and DO = 6 mg/1. 
More stringent limitations will be 
set, if necessary, to ensure that 
the cumulative pollutant discharge 
of oxygen consuming wastes will 
not cause the DO of the receiving 
water to drop more than 0.5 mg/1 
below background levels, and in 
fie — ease — below — the — standard. 
Where background information is 
not readily available, evaluations 
will as s ume a percent saturation 



determined by staff to be general 

I-y applicable t-e that 

hydroenvironment. 

inj Total — Suspended — Solids: Dis- 

charges of total s u s pended solids 
(TSS) will be limited to effluent 
concentrations — ef — tO — mg/l — fef 
trout waters and PNA's, and to 20 
mg/1 for all other High Quality 
Waters. 

(itt) — Disinfection: Alternative methods 
to chlorination will be required 
for discharges to trout streams, 
except that single family residene 
cs may use chlorination if other 
options — are — aet — economically 
feasible. — Domestic di s charge s are 
prohibited to SA waters. 

{iv) — Emergency Requirements: 

Failsafe treatment designs will be 

employed, including s tand by 

power capability for entire treat 
ment works, dual train design for 
aH — treatment — components, — er 
equivalent failsafe treatment dc 
s igns. 

fv) Volume: The total — volume of 

treated — wastewater — fef — aH — dis- 
charges combined will not exceed 
50 percent of the total in s trcam 
flow under 7Q10 conditions. 

iyt) — Nutrients: Where nutrient 

overenrichment is projected to be 
a — concern, — appropriate — effluent 
limitations will bo set for phos 
phorus or nitrogen, or both. 

fvii) — Toxie substances: — In cases where 
complex wastes (tho s e containing 
or potentially containing toxicants) 
may be present in a di s charge, a 
safety factor will be applied to 
any chemical or whole effluent 
toxicity allocation. — The limit for 
a — specific — chemical — constituent 
will be allocated at one half of the 
normal s tandard at design condi 
tions. Whole effluent toxicity will 
be allocated to protect for chronic 
toxicity at an effluent conccntra 
tion equal to twice that which is 
acceptable — under de s ign — condi 
tions. — In all instances there may 
be no acute toxicity in an effluent 
concentration — of 90 percent as 
measured by the North Carolina 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2075 



PROPOSED RULES 



"Pass/Fail Methodology for D e 
tcrmining — Acute — Toxicity — m — a 
Single — Effluent — Concentration". 
Ammonia toxicity will be cvaluat 
cd according to EPA guidelines 
promulgated — in — the — Ammonia 
Criteria Development Document 
(19 8 6); — EPA document number 

4 40/5 85 001; NT4S number 

PB 8 5 22711 4 ; July 29, 1985 (50 
FR 307 84 ) . 
(€) — AH — expanded — NPDES — wastewater 
discharges — m — High — Quality — Waters 
will be required to provide the treat 
ment de s cribed in part (1)(B) of this 
Rule, except for those existing dis 
charges — which expand with no — ia- 
crcasc in permitted pollutant loading. 

{2) Development activities which require an 

Erosion and Sedimentation Control Plan 
in accordance with rules established by 
the NC Sedimentation Control Commis 
sion or local ero s ion and sedimentation 
control — program — approved — m — accor 
dance with 15A NCAC 4 B .021 8 , and 
which drain to and are within one mile 
of High Quality Waters (HQW) will be 
required to control runoff from the one 
inch design storm as follows: 
{A) — Low Den s ity Option: — Developments 
which — limit s ingle — family develop 
ments to one acre lots and other type 
developments to 12 percent built upon 
area, have no stormwatcr collection 
s ystem as defined in 15A NCAC 2H 
.1002(13), and have built upon ar e as 
at least 30 feet from surface waters 
will be deemed to comply with thi s 
requirement, unless it is determined 
that additional — runoff contro l — mca 
s urcs are required to protect the water 
quality of High Quality Waters ncces 
sary to maintain exi s ting and antici 
patcd uses of those waters, in which 
case more stringent s tormwatcr runoff 
control measures may be required on 
a case by case basi s . — Activities con 
forming to the requirements de s cribed 
in 15A NCAC 2H .1003(a) [except 
for Subparagraphs (2) and (3) which 
apply only to water s within the 20 
coastal countie s as defined in — tSA 
NCAC 2H .1002(9)] will also be 
deemed to comply with this require 
ment, except as provided in the pre 



ceding sentence. 

(B) — High Density Option: Higher density 
developments — wiH — be — allowed — i# 
stormwatcr control s ystems utilizing 
wet detention ponds as described in 
15A NCAC 2H ,1003(i), (k) and ffi 
arc installed, operated and maintained 
which — control the runoff from all 
built upon areas generated from one 
inch of rainfall, unless it is deter - 
mined that additional runoff control 
measures are required to protect the 
water quality of High Quality Waters 
necessary to — maintain existing and 
anticipated uses of those waters, in 
which case more stringent stormwatcr 
runoff control measures may be to - 
quired on a case by case basis. — The 
size of the control system must take 
tnte — account — the — runoff from — any 
pervious — surfaces — draining — te — the 
s ystem. 

<€} — All waters classified WS I or WS II 



and all waters located in the 20 coa s t ' 
al counties as defined in Rule 15A 



NCAC 2H .1002(9) ore excluded 



from — this — requirement — since — they 



already have requirements fef 

nonpoint s ource controls. 
If an applicant — objects to the requirements to 



TT CUT1 RppiTCmn UUIW-LJ CO till. IV-4JU11^1111*UU3 — cc 

protect high quality waters and believes degrada 
tion is necessary to accommodate important social 



and — economic development, — the applicant can 



contest these requirements according to the provi 
sionsofG.S. 1 4 3 215.1(c) and 150B 23. 

(e) Outstanding Resource Waters (ORW) are a 
special subset of High Quality Waters with unique 
and special characteristics as described in Rule 
.0216 .0225 of this Section. The water quality of 
waters classified as ORW shall be maintained such 
that existing uses, including the outstanding re- 
source values of said Outstanding Resource Wa- 
ters, will be maintained and protected. 



Statutory Authority G.S. 
143-21 5. 3(a)(1). 



.0211 



143-214.1; 143-215.1; 



FRESH SURFACE WATER QUALITY 
STANDARDS FOR CLASS C WATERS 

(a) General. The water quality standards for all 
fresh surface waters are the basic standards appli- 
cable to Class C waters. Additional and more 
stringent standards applicable to other specific 
freshwater classifications are specified in Para 
graphs (c) through (f) of thi s Rule Rules .0212, 



2076 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



XY2\4. .0215, .0216, .0217, .0218. .0219. .0223, 
,0224 and .0225 of this Section . 
(b) All fresh surface water s (Class C). 

(1) Best Usage of Waters. Aquatic life 
propagation and maintenance of biologi- 
cal integrity (including fishing, and fish), 
wildlife, secondary recreation, agriculture 
and any other usage except for primary 
recreation or as a source of water supply 
for drinking, culinary or food processing 
purposes. 

(2) Conditions Related to Best Usage. The 
waters will be suitable for aquatic life 
propagation and maintenance of biologi- 
cal integrity, wildlife, secondary recre- 
ation, and agriculture; sources of water 
pollution which preclude any of these 
uses on either a short-term or long-term 
basis will be considered to be violating a 
water quality standard; 

(3) Quality standards applicable to all fresh 
surface waters: 

(a) {A)Chlorophyll a (corrected) : not great- 
er than 40 ug/1 for lakes, reservoirs, 
and other slow-moving waters not 
designated as trout waters, and not 
greater than 15 ug/1 for lakes, reser- 
voirs, and other slow-moving waters 
designated as trout waters (not applica- 
ble to lakes and reservoirs less than ten 
acres in surface area); the Commission 
or its designee may prohibit or limit 
any discharge of waste into surface 
waters if, in the opinion of the Direc- 
tor, the surface waters experience or 
the discharge would result in growths 
of microscopic or macroscopic vegeta- 
tion such that the standards established 
pursuant to this Rule would be violated 
or the intended best usage of the waters 
would be impaired; 

(b) {B)Dissolved oxygen: not less than 6.0 
mg/1 for trout waters; for non-trout 
waters, not less than a daily average of 
5.0 mg/1 with a minimum instantaneous 
value of not less than 4.0 mg/1; swamp 
waters, lake coves or backwaters, and 
lake bottom waters may have lower 
values if caused by natural conditions; 

(c) {€)Floating solids; settleable solids; 
sludge deposits: only such amounts 
attributable to sewage, industrial wastes 
or other wastes as will not make the 
water unsafe or unsuitable for aquatic 
life and wildlife or impair the waters 



for any designated uses; 

(d) (D)Gases, total dissolved: not greater 
than 1 10 percent of saturation; 

(e) {E)Organisms of the coliform group: 
fecal coliforms not to exceed a geomet- 
ric mean of 200/ 100ml (MF count) 
based upon at least five consecutive 
samples examined during any 30 day 
period; nor exceed 400/ 100ml in more 
than 20 percent of the samples exam- 
ined during such period; violations of 
the fecal coliform standard are expected 
during rainfall events and, in some 
cases, this violation is expected to be 
caused by uncontrollable nonpoint 
source pollution; all coliform concentra- 
tions are to be analyzed using the mem- 
brane filter technique unless high tur- 
bidity or other adverse conditions ne- 
cessitate the tube dilution method; in 
case of controversy over results, the 
MPN 5-tube dilution technique will be 
used as the reference method; 

(f) (F)Oils; deleterious substances; colored 
or other wastes: only such amounts as 
will not render the waters injurious to 
public health, secondary recreation or 
to aquatic life and wildlife or adversely 
affect the palatability of fish, aesthetic 
quality or impair the waters for any 
designated uses; for the purpose of 
implementing this Rule, oils, deleteri- 
ous substances, colored or other wastes 
will include but not be limited to sub- 
stances that cause a film or sheen upon 
or discoloration of the surface of the 
water or adjoining shorelines pursuant 
to 40 CFR 110.4(a)-(b) which are 
hereby incorporated by reference in- 
cluding any subsequent amendments 
and additions. This material is avail- 
able for inspection at the Department of 
Environment, Health, and Natural 
Resources, Division of Environmental 
Management, 512 North Salisbury 
Street, Raleigh, North Carolina. Cop- 
ies may be obtained from the Superin- 
tendent of Documents, U.S. Govern- 
ment Printing Office, Washington, 
DC. 20402-9325 at a cost of thirteen 
dollars ($13.00). 

(g) {G)pH: shall be normal for the waters 
in the area, which generally shall range 
between 6.0 and 9.0 except that swamp 
waters may have a pH as low as 4.3 if 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2077 



PROPOSED RULES 



it is the result of natural conditions; 
(h) {H)Phenolic compounds: only such 
levels as will not result in fish-flesh 
tainting or impairment of other best 
usage; 
(i) ^Radioactive substances: 

(i) Combined radium-226 and 
radium-228: the maximum average 
annual activity level (based on at least 
four samples collected quarterly) for 
combined radium-226 and radium-228 
shall not exceed five picoCuries per 
liter; 
(ii) Alpha Emitters: the average annual 
gross alpha particle activity (including 
radium-226, but excluding radon and 
uranium) shall not exceed 15 
picoCuries per liter; 
(iii) Beta Emitters: the maximum average 
annual activity level (based on at least 
four samples, collected quarterly) for 
strontium-90 shall not exceed eight 
picoCuries per liter; nor shall the 
average annual gross beta particle 
activity (excluding potassium-40 and 
other naturally occurring 
radio-nuclides) exceed 50 picoCuries 
per liter; nor shall the maximum 
average annual activity level for 
tritium exceed 20,000 picoCuries per 
liter; 
(j) (^Temperature: not to exceed 2.8 

degrees C (5.04 degrees F) above the 
natural water temperature, and in no 
case to exceed 29 degrees C (84.2 
degrees F) for mountain and upper 
piedmont waters and 32 degrees C 
(89.6 degrees F) for lower piedmont 
and coastal plain waters. The tempera- 
ture for trout waters shall not be in- 
creased by more than 0.5 degrees C 
(0.9 degrees F) due to the discharge of 
heated liquids, but in no case to exceed 
20 degrees C (68 degrees F); 
(k) {K)Turbidity: the turbidity in the re- 
ceiving water will not exceed 50 Neph- 
elometric Turbidity Units (NTU) in 
streams not designated as trout waters 
and 10 NTU in streams, lakes or reser- 
voirs designated as trout waters; for 
lakes and reservoirs not designated as 
trout waters, the turbidity will not 
exceed 25 NTU; if turbidity exceeds 
these levels due to natural background 
conditions, the existing turbidity level 



cannot be increased. Compliance with 
this turbidity standard can be met when 
land management activities employ Best 
Management Practices (BMPs) [as 
defined by Rule .0202(6) of this Sec- 
tion] recommended by the Designated 
Nonpoint Source Agency [as defined by 
Rule .0202 of this Section]. BMPs 
must be in full compliance with all 
specifications governing the proper 
design, installation, operation and 
maintenance of such BMPs; 
(1) (fe)Toxic substances: numerical water 
quality standards (maximum permissible 
levels) to protect aquatic life applicable 
to all fresh surface waters: 
(i) Arsenic: 50 ug/1; 
(ii) Beryllium: 6.5 ug/1; 
(iii) Cadmium: 0.4 ug/1 for trout waters 

and 2.0 ug/1 for non-trout waters; 
(iv) Chlorine, total residual: 17 ug/1 for 
trout waters (Tr); (Action Level of 17 
ug/1 for all waters not classified as 
trout waters (Tr); see Paragraph (b ) 
Item (4) of this Rule); 
(v) Chromium, total recoverable: 50 

ug/1; 
(vi) Cyanide: 5.0 ug/1; 
(vii) Fluorides: 1.8mg/l; 
(viii) Lead, total recoverable: 25 ug/1; 
collection of data on sources, trans- 
port and fate of lead will be required 
as part of the toxicity reduction evalu- 
ation for dischargers that are out of 
compliance with whole effluent toxici- 
ty testing requirements and the con- 
centration of lead in the effluent is 
concomitantly determined to exceed 
an instream level of 3 . 1 ug/1 from the 
discharge; 
(ix) MBAS (Methylene-Blue Active Sub- 
stances): 0.5 mg/1; 
(x) Mercury: 0.012 ug/1; 
(xi) Nickel: 88 ug/1; 
(xii) Pesticides: 

(A) (OAldrin: 0.002 ug/1; 
£BJ fH)Chlordane: 0.004 ug/1; 
£C] fffl)DDT: 0.001 ug/1; 
(D) <fV)Demeton: 0.1 ug/1; 
IE] (¥)Dieldrin: 0-002 ug/1; 
IF} <¥$Endosulfan: 0.05 ug/1; 
(G) fVH)Endrin: 0.002 ug/1; 
(H) f¥ffl)Guthion: 0.01 ug/1; 
ID {Bf)Heptachlor: 0.004 ug/1; 
ID {X)Lindane: 0.01 ug/1; 



2078 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



(K) ^9)Methoxychlor: 0.03 ug/1; 
lU ^ai)Mirex: 0.001 ug/1; 
(M) <Xffi)Parathion: 0.013 ug/1; 
(N) {XtV)Toxaphene: 0.0002 ug/1; 
(xiii) Polychlorinated biphenyls: 0.001 

ug/1; 
(xiv) Selenium: 5 ug/1; 
(xv) Toluene: 11 ug/1 or 0.36 ug/1 in trout 

waters; 
(xvi) Trialkyltin compounds: 0.008 ug/1 
expressed as tributyltin. 
(4) Action Levels for Toxic Substances: if 
the Action Levels for any of the sub- 
stances listed in this Subparagraph (which 
are generally not bioaccumulative and 
have variable toxicity to aquatic life 
because of chemical form, solubility, 
stream characteristics or associated waste 
characteristics) are determined by the 
waste load allocation to be exceeded in a 
receiving water by a discharge under the 
specified low flow criterion for toxic 
substances (Rule .0206 in this Section), 
the discharger will be required to monitor 
the chemical or biological effects of the 
discharge; efforts shall be made by all 
dischargers to reduce or eliminate these 
substances from their effluents. Those 
substances for which Action Levels are 
listed in this Subparagraph will be limited 
as appropriate in the NPDES permit 
based on the Action Levels listed in this 
Subparagraph if sufficient information (to 
be determined for metals by measure- 
ments of that portion of the dissolved 
instream concentration of the Action 
Level parameter attributable to a specific 
NPDES permitted discharge) exists to 
indicate that any of those substances may 
be a significant causative factor resulting 
in toxicity of the effluent; 
(a) {A)Copper: 7 ug/1; 
£b} <B)Iron: 1.0mg/l; 
M <€)Silver: 0.06 ug/1; 
Id} {B)Zinc: 50 ug/1; 
£e} (E)Chloride: 230 mg/1; 
(f) {F)Chlorine, total residual: 17 ug/1 in 
all waters except trout waters (Tr); [a 
standard of 17 ug/1 exists for waters 
classified as trout waters and is applica- 
ble as such to all dischargers to trout 
waters; see Subparagraph (b)(3)(L) Sub- 
Item (3)(l) (iv) of this Rule]; 
For purposes other than consideration of NPDES 
permitting of point source discharges as described 



in this Subparagraph, the Action Levels in this 
Rule, as measured by an appropriate analytical 
technique, will be considered as numerical ambient 
water quality standards. 
(c) Class WS I Waters. 

fl-) Best Usage of Waters. — Source of water 

supply — fef — drinking, — culinary, — or 
food proces s ing — purposes — fef — those 
u s ers desiring maximum protection of 
their water supplies, and any best usage 
s pecified for Class C waters; 

{3} Conditions Related to the Best Usage. 

Waters of this class arc protected water 
s upplies within e s sentially natural and 
undeveloped water s hed s with no permit 
ted — point — source — dischargers — except 
tho s e s pecified in Rule .010 4 of this 
Subchapter; — waters within this class 
must — be — relatively — unimpacted — by 
nonpoint s ources of pollution; land use 
management program s arc required to 
protect waters from nonpoint s ource 
pollution; the waters, following treat 
ment required by the Division of Envi 
ronmcntal Health, will meet the Maxi 
mum Contaminant Level concentrations 
considered safe for drinking, culinary, 
and food processing purposes which are 
specified in the national drinking water 
regulations and in the North Carolina 
Rules — Governing — Public Water Sup 
plies, 15A NCAC 1 8 C .1500; sources 
of water pollution which preclude any 
of the s e uses on cither a short term or 
long term basis will be considered to be 
violating a water quality standard. — The 
Class WS 1 classification may be used 
te — protect portions of Class WS II, 
WS HI and WS IV water s upplie s . For 
reclassifications occurring after the July 
1 , 1 992 s tatewide reclassification, the 
more protective classification requested 
by local governments will be considered 
by — the — Commission — when — aH — local 
governments having jurisdiction in the 
affected arca(s) have adopted a resolu 
tion and effective appropriate ordinanc 
cs to protect the water s hed or the Com 
mission acts — te — protect — a watershed 
when one or more local governments 
has failed to adopt neces s ary protection 
measures. 

{£) Quality Standards Applicable to Clas s 

WS I Water s : 
(A) — Nonpoint Source Pollution: none that 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2079 



PROPOSED RULES 



would adversely impact the waters for 
use 03 a water s upply or any other 
designated use; 

fB) — Organisms of coliform group: — total 
coliforms not to exceed 50/100 ml 
(MF count) as a monthly geometric 
mean value in watersheds s erving as 
unfiltcrcd water supplies; 

{€-) — Phenolic compounds: not greater than 
1.0 ug/1 (phenol s ) to protect water 
s upplies from taste and odor problems 
from chlorinated phenols; 

{£)) — Sewage, — indu s trial — wastes : none 

except — those — specified — m — Subpara 
graph (2) of this Paragraph; or Rule 
.010 4 of this Subchapter; 

{E-) — Solids, total dissolved: not greater 

than 500 mg/1; 

{F) — Total hardness: — not greater than 100 
mg/1 as calcium carbonate; 

{G) — Toxic and other deleterious substanc 



ft) Water — quality — standards — (maxi 

mum permissible concentrations) 
to protect human health through 
water consumption and fish tissue 
consumption for non carcinogens 
in Class WS I waters: 

(J) Barium: 1.0 mg/1; 

fH) Chloride: 250 mg/1; 

(III) Manganese: 200 ug/1; 

(IV) Nickel: 25 ug/1; 

{¥) — Nitrate nitrogen: — 10.0 mg/1; 

(VI) 2, 4 D: 100 ug/1; 

(VII) 2, 4 ,5 TP (Silvcx): 10 ug/1; 
(Vlll)Sulfatcs: 250 mg/1; 

in) Water — quality — standards — (maxi 

mum permi ss ible concentrations) 
to protect human health through 
water consumption and fish tissue 
con s umption for carcinogen s — m 
Class WS I waters: 

fl) Beryllium: 6.8 ng/1; 

<H) — Benzene: 1.19 ug/1; 

(HI) Carbon tetrachloride: 0.25 4 

(IV) Chlorinated benzenes: 488 

(V) — Dioxin: 0.000013 ng/1; 

{¥}} — Hcxachlorobutadicnc: 0. 44 5 

»grh 

(VII) Polynuclear — aromatic — hydro 

carbons: — 2.8 ng/1; 
(VIH)T e trachloro e than e (1,1,2,2): 

. 172 ug/1; 



<& 



(IX) Tctrachlorocthylcno: 0.8 ug/1; 
fX) — Trichlorocthylcnc: 3.08 ug/1; 

(XI) Vinyl Chloride: 2 ug/1; 

(XII) Aldrin: 0.127 ng/1; 
(XIH)Chloidanc: 0.575 ng/1; 
(XTV)DDT: 0.58 8 ng/1; 
(XV) Dicldrin: 0.135 ng/1; 
(XVDHcptnehlor: 0.208 ng/1. 

Class WS II Waters. 



{+) Best Usage of Waters. — Source of water 

supply — fef — drinking, — culinary, — ef 
food processing — purposes — fef — tho s e 
users desiring maximum protection for 
their — water — s upplies — where — a WS I 
classification is not feasible and any 
best usage specified for Class C water s - 
Conditions — Related — te — Best — Usage. 



m- 



Waters of thi s class arc protected as 
water supplies which arc generally in 
predominantly undeveloped watersheds; 
di s charges which qualify for a General 
Permit pursuant to 15A NCAC 211 
.0127, trout farm di s charges, recycle 
(clo s ed loop) — systems that only dis 
charge in response to — 10 year 3torm 
events and other stormwater discharges 
arc allowed in the entire watershed; 
new domestic and industrial discharge s 
of treated wastewater arc not allowed in 
the entire watershed; the waters, fol 
lowing treatment required by the Divi 
s ion of Environmental Health, will meet 
the Maximum Contaminant Level con 
ccntration s considered safe for drink 
mg-, — culinary, — and — food proces s ing 
purpose s which arc s pecified in the 
national drinking water regulations and 
in the North Carolina Rules Governing 
Public Water Supplies, 15A NCAC 
18C .1500; sources of water pollution 
which preclude any of these uses on 
cither a short term or long term basis 
will be considered to be violating a 
water quality — standard. The — Class 



WS II classification 



be used to 



may 
protect portions of Class WS III and 

WS IV water supplies. Fef 

reclassifications occurring after the July 
1, 1992 statewide reclassification, the 
more protective classification requested 
by local governments will be considered 
by — the — Commission — when — aH — local 
governments having jurisdiction in the 
affected aroa(s) have adopted a rosolu 
tion and effective appropriate ordinanc 



2080 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



cs to protect the watershed or the Com 
mission acta — te — protect — a watershed 
when one or more local governmen ts 
has failed to adopt necessary protection 
measures. 

{£) Quality Standards Applicable to Class 

WS II Waters: 

(A) — Sewage, indu s trial wastes, 

non proce ss industrial wastes, or other 
wastes: — none e xcept for those s peci 
ficd in cither Subparagraph (2) of this 
Paragraph — and Rule — .010 4 of thi s 
Subchapter; and none which will have 
an adverse effect on human health or 
which arc not effectively treated to 
the satisfaction of the Commission 
and in accordance with the require 
ments of the Division of Environmcn 
tal Health, — North Carolina Depart 
ment of Environment, Health, — and 
Natural — Resources; — any — di s charger 
may be required upon request by the 
Commi s sion to disclose all chemical 
constituents — present — er — potentially 
present in their wastes and chemicals 
which could be spilled or be present 
in runoff from their facility — which 
may have an adver s e impact on down 
stream water quality; these facilities 
may be required to have spill and 
treatment failure control plan s as well 
as — perform — special — monitoring — fef 
toxic sub s tances; 
(B) — Nonpoint — Source — and — Storm water 
Pollution: — none that would adversely 
impact the waters for use as a water 
supply or any other designated use; 

fi) Nonpoint Source and Stormwatcr 

Pollution — Contro l — Criteria — Fef 
Entire Watershed: 

{¥) Low Density Option: — Dcvcl 

opment density must be limited 
to cither no more than one 
dwelling unit per acre or 12 
percent built upon area in the 
watershed outside of the criti 
cal area; 
fH) — High Density Option: — If new 
development — exceeds — cither 
one dwelling unit per acre or 
43 — percent — built upon — area, 
then — engineered — s tormwatcr 
controls must be used to con 
trol runoff from the fir s t inch 
of rainfall; new development 



net — te — exceed — 30 — percent 
built upon area; 

(ffl) — Land within the watershed will 
be deemed compliant with the 
density — requirements — if- — the 
following two conditions arc 
mefc — The density of all exist 
ing development at the time of 

reclassification meets the 

den s ity requirement when 

densities arc averaged through 
out the entire watershed area at 
the time of classification; All 
new development — meets — this 
density — requirem e nt — en — a 
project by project basis; 

(P/) — Clu s tering of development i s 
allowed on a project by project 

basis — as — follows: Overall 

density of the project meet s 

associated density e* 

storm wat er — control — require 
ments; Built upon areas shall 
be designed and sited to mini 
mizc s tormwatcr runoff impact 
to the receiving — waters and 

minimize concentrated 

stormwatcr flow; Remainder of 
tract to remain in vegetated or 
natural state; 

{¥) — A maximum of five percent of 
each jurisdiction's portion of 
the water s hed outside of the 



critical 



delineated 



area as delineated on 
July 1, 1993 may be developed 
with now non residential dovel 
opment projects of up to 70 
percent built upon s urface area 
in addition to the new non 
residential — development — ap- 
proved in compliance with the 
appropriate — requirements — ef 
Subparagraphs (d)(3)(B)(i)(I) 
or (d)(3)(B)(i)(II) of this Para 
graph. — The Commission may 
allow — 70 — percent — built upon 
area on greater than five per 
eest — but — not to — exceed — H) 
percent of each jurisdiction's 
portion of the de s ignated vva 
tershed outside of the critical 
afea — fef — new — non residential 

development. Eaeh — project 

must to the maximum extent 
practicable minimize 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2081 



PROPOSED RULES 



built upon surface area, direct 
stormwater runoff away from 
surface waters and incorporate 
best management practice s to 
minimize — water — quality — ke- 
pacts; if the local government 
opts for high density develop 
ment — then — appropriate — cngi 
nccred — storm water — controls 
(wet detention basins) must be 

employed fef — the new 

non residential development 

which exceeds the low density 
requirements; 

fVJ) — If local — government — choose 
the high den s ity development 

option which requires 

stormwater controls, then they 
will assume ultimate rcsponsi 
bility for operation and mainte 
nonce of the required control s 
as outlined in Rule .010 4 (f) of 
this Subchapter; 

(VII) Minimum 100 foot vegetative 
buffer is required for all new 
development — activities — that 
exceed the low density option 
requirements — as — specified — m 
Subparagraphs — (d)(3)(B)(i)(I) 
ef — (d)(3)(B)(ii)(II) of this 
Paragraph; otherwise a mini 
mum 30 foot vegetative buffer 
for development activities — is 
required — along — aH — perennial 
waters indicated on the most 
recent — version s — ef- — U.S.G.S. 
1:2 4 ,000 (7.5 minute) s cale 
topographic maps or as deter 
mined — by — teeal — government 
studies; nothing in this Section 
s hall s tand as a bar to dc3ir 
able artificial — s treambank or 
shoreline stabilization; 

(VHI)No — new — development — is — al- 
lowed — la — the — buffer; — wat e r 

dependent s tructures, and 

public projects such as road 
crossings and greenways may 
be allowed where no practica 
ble — alternative — exists; — these 

activitie s s hall minimize 

built upon surface area, direct 
runoff away from the s urface 
waters and maximize the utili 
zation of BMPs; 



{IX) — Maintain — inventory — ef- — all 
hazardous materials used and 



stored m the watershed; 



spill/failuro containment p laa 
and — appropriate — oafeguards 



against contamination are 

required; — waste minimization 



and — appropriate — recycling — ef 

materials is encouraged; 

{X) — No new discharging landfills 



arc allowed; 



{#) Critical — Area — Nonpoint — Source 



and Stormwater Pollution Control 
Criteria: 
(J) New industrial development i s 



required — te — incorporate — ade- 



quatcly designed, constructed 



and maintained spill contain - 
ment structures if hazardou s 



materials [as defined by 15A 



NCAC 2B .0202] arc cither 
used, stored or manufactured 
on the premises; 



ftf) — Low Density Option: New 

development — is — limited — te 



cither no more than one dwell 
ing unit per two acres or six 
percent built upon area; 
fffl) — High Density Option: — If new 
development — density — exceeds 
either one dwelling unit per 
twe — acre s — ef — stx- — percent 
built upon — area, — then — cngi 
nccred — storm wat ef — control s 
must bo used to control runoff 
from the first inch of rainfall; 
development — density — eet — te 
exceed 2 4 percent built upon 
area; 
ff¥) — Ne — new permitted sites — fef 

land application e-f 

sludge/residuals or petroleum 
contaminated soils are allowed; 
{V) — No new landfills arc allowed; 
{€} — Odor producing substances contained 
in sewage or other wastes: — only such 
amounts, whether alone or in combi 
nation — with — other — s ubstances — ef 
wastes, as will not cause: — taste and 
odor difficulties — m — water — supplies 
which cannot be corrected by treat 
ment, impair the palatability of fioh, 
or have a deleterious effect upon any 
best usage established for waters of 
this class; 



2082 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



{©) — Phenolic compounds: not greater than 

1.0 ug/1 (phenols) to protect water 

supplies from taate and odor problems 

from chlorinated phenols; 

{E) — Total hardness: — not greater than 100 

mg/1 as calcium carbonate; 
{F) — Total dissolved solids: — not greater 

than 500 mg/1; 
{G) — Toxic and other deleterious substane 
esr 

fi) Water — quality — standards — (maxi 

mum permi ss ible concentration s ) 
to protect human health through 
water consumption and fish tissue 
consumption for non carcinogens 
in Clas s WS II water s : 

& Barium: 1.0 mg/1; 

<H) — Chloride: 250 mg/1; 
fffl) — Manganese: — 200 ug/1; 
(IV) Nickel: 25 ug/1; 
{V) — Nitrate nitrogen: — 10 mg/1; 

(VI) 2, 4 D: 100 ug/1; 

(VII) 2, 4 ,5 TP: 10 ug/1; 
(VHI)Sulfatca: 250 mg/1; 

(h) Water quality — standards — (maxi 

mum permissible concentration s ) 
to protect human health through 
water consumption and fish tissue 
consumption for carcinogens — m 
Class WS II waters: 
£) Beryllium: 6. 8 ng/1; 






m- 



Bcn£cnc: — 1.19 ug/1; 
Carbon tetrachloride: 

—— n. 

Chlorinated — benzenes: 



-0t354 



-488 



h it/1 ' 

fV) — Dioxin: 0.000013 ng/1; 

{V4) — Hcxachlorobutadicne: 0. 44 5 

u g/l> 
(VII) Polynuclcar — aromatic — hydro 

carbons: — 2. 8 ng/1; 
(VIII)Tctrachloroethane (1,1,2,2): 

0.172 ug/1; 
(IX) Tctrachlorocthylenc: 0. 8 ug/1; 
(X) — Trichlorocthylcnc: 3.08 ug/1; 

(XI) Vinyl Chloride: 2 ug/1; 

(XII) Aldrin: 0.127 ng/1; 
(XHI)Chloidanc: 0.575 ng/1; 
(XIV)DDT: 0.588 ng/1; 
(XV) Dicldrin: 0.135 ng/1; 
(XVI)Hcptachlor: 0.208 ng/1. 

(e) Class WS III Water s . 



&- 



Best Usage of Waters. — Source of water 
supply — fef — drinking, — culinary, — er 
food processing — purposes — fef — those 



users where a more protective WS I or 
WS II classification is not feasible and 
any other best usage specified for Class 
C waters; 

(3) Conditions — Related — te — Best — U s age- 
Water s of this class are protected as 
water s upplie s which are generally in 
lew — te — moderately — developed — water 
sheds; discharges that qualify for a 
General Permit pursuant to 15A NCAC 
2H .0127, trout farm discharge s , rccy 
clc (closed — loop) systems that only 
discharge in respon s e to 10 year storm 
events, and other s tormwntcr di s charges 
arc allowed in the entire watershed; 
treated domestic wastewater discharges 
arc allowed in the entire water s hed but 
no new domestic wastewater discharges 
are allowed in the critical area; no new 
industrial wa s tewater di s charges except 
non process — industrial — discharges arc 
allowed in the entire watershed; the 
waters, following treatment required by 
the Division of Environmental Health, 
will meet the Maximum Contaminant 
Level concentration s considered s afe for 
drinking, culinary, or food processing 
purpo s e s which arc specified — in the 
national drinking water regulations and 
in the North Carolina Rul e s Governing 
Public Water Supplie s , 15A NCAC 
18C .1500; sources of water pollution 
which preclude any of these uses on 
cither a short term or long term basis 
will be considered to be violating a 
water quality standard; the Class WS HI 
classification may be used to protect 
portions of Class WS IV water sup 
plies. — For reclassifications occurring 
after the July 1 , 1 992 s tatewide rcclas 
sification, the more protective classifi 
cation requested by local governments 
will be considered by the Commission 
when — aH — local — governments — having 
jurisdiction in the affected arca(s) have 
adopted a re s olution and effective ap 
propriatc — ordinances — te — protect — the 
watershed or the Commission acts to 
protect a watershed when one or more 
local govcrnmento ha s failed to adopt 
necessary protection measures. 

(3) Quality Standards Applicable to Class 

WS III Water s : 

(A) — Sewage, indu s trial wa s te s , 

non proce s s industrial wastes, or other 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2083 



PROPOSED RULES 



wastes: — none except for those spcci 
ficd in Subparagraph (2) of this Para 
graph and Rule .010 4 of this Sub 
chapter; and none which will have an 
adverse effect on human health or 
which ore not effectively treated to 
the — satisfaction — of the — Commission 



aftd- 



accordancc with the 



in accordance with the require 
ments of the Division of Environmcn 
tal Health, North Carolina Depart 
ment — of Environment, — Health, — aad 
Natural — Resource s ; — any — discharger 
may be required by the Commission 
to discloae all chemical con s tituents 
present or potentially present in their 
wastes and chemical s which could be 
spilled or be present in runoff from 
their — facility — which — may — have — aft 
adverse impact on downstream water 
quality; these facilities may be re 
quired to have s pill and treatment 
failure control plans as well as per 
form — s pecial — monitoring — fef — toxic 
substances; 
fB) — Nonpoint — Source — and — Storm wat ef 
Pollution: — none that would adversely 
impact the waters for use as water 
supply or any other designated use; 
iij Nonpoint Source and Stormwat e r 

Pollution — Control — Criteria — Fet 

Entire Watershed: 
Low Dcr 



m- 



jnsity Option: — Dcvcl 
opment density must be limited 
te — cither — ae — more than two 
dwelling units per acre or 2 4 
percent built upon on area in 
watershed outside of the criti 
cal area; 



4f- 



{H) — High Density Uption: — it new 
development — density — exceeds 
two dwelling units per acre or 
2 4 percent built upon area then 

development must control 

runoff from the first inch of 
ft&H- 



fat 
te- 



new 
exceed 



leve 



4©p- 



ment not 
percent 



built upon area; 



fffl) — Land within the watershed will 
be deemed compliant with the 
density — requirements — if- — the 
following two conditions are 
fnefc — The density of all exist 
ing development at the time of 

reclassification meets the 

density requirement when 



densities arc averaged through - 
out the entire watershed arca; - 
AH — new — development — meets 
these density requirements on 
a project by project basis; 
■(IV) — Clustering of development i 9 
allowed on a project by project 



basis — as — follows: 



Overal l 



density of the project meets 

associated density e-f 

storm wat ef — control — require - 
ments; — Built upon — areas — afe 
designed and s ited to minimize 
storm wat ef — runoff impact to 
th e receiving waters and mini 
mizes concentrated stormwa te? 
flow; — Remainder of tract to 
remain in vegetated or natural 
state; 
{¥) — A maximum of five percent of 
each jurisdiction's portion of 
the watershed outside of the 



critical 



delineated 



area as delineated on 
July 1, 1993 may be developed 
with now non residential devel - 
opment projects of up to 70 
percent built upon surface area 
in — addition — te — the — aew 

non residential development 

approved in compliance with 
the appropriate requirements of 
Subparagraphs — (c)(3)(B)(i)(I) 
or (e)(3)(B)(i)(II) of this Para 
graph, — The Commission may 
allow — 70 percent — built upon 
area on greater than five per 
eeat — bat — net — te — exceed — 10 
percent of each jurisdiction's 
portion of the designated wa 
tcrshed outside of the critical 
area for new non residential 

development. Each — project 

must to the maximum extent 

practicable minimize 

built upon surface area, direct 
stormwater runoff away from 
surface waters, and incorporate 
best management practices to 
minimize — water — quality — iffl- 
pacts; if the local government 
opts for high density develop - 
ment — theft — appropriate — engi 
nccred — s torm wate f — controls 
(wet detention basins) must b e 
employed f-ef the new 



2084 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



non residential development 

which exceed s the low density 
requirements; 

(¥f) — If local — governments — choose 
the high density development 
option — which — requires — cngi 
nccrcd — storm wat ef — controls, 
then they will assume ultimate 
responsibility for operation and 
maintenance — of the — required 
controls as outlined in Rule 
.010 4 (f) of this Subchapter; 

(VII) Minimum 100 foot vegetative 
buffer is required for all new 
development — activities — that 
exceed the low density require 
menta as s pecified in Subparo 

graphs (c)(3)(B)(i)(I) er 

(c)(3)(B)(ii)(H) of this Para 
graph, otherwise a minimum 
30 foot vegetative buffer for 
development is required along 
all perennial waters indicated 
on the most recent versions of 
U.S.G.S. 1:2 4 ,000 (7.5 min 
utc) scale topographic maps or 
as determined by local govern 
ment s tudies; nothing in thi s 
Section shall stand as a bar to 
desirable artificial strcambank 
or shoreline stabilization; 

(VIII)No — new — development — is — at- 
lowed — in — the — buffer; — water 

dependent structures, and 

public projects such as road 
crossings and greenways may 
be allowed where no proctica 
ble — alternative — exists; — these 
s hall 



activities 
tettHt- 



upon 
runoff — away 



surface 



minimize 
divert 



area, 
from — surface 



waters and maximize the utili 
zation of BMPs; 

fBQ — Maintain — inventory — ef- — aH 
hazardous materials used and 

s tored in the watershed; 

spill/failure containment plan 
and — appropriate — safeguards 

against contamination are 

required; — waste minimization 
and — appropriate — recycling — ef 
materials is encouraged; 

OQ — No new di s charging landfills 
arc allowed; 
(it) Critical — Afea — Nonpoint — Source 



and Stormwatcr Pollution Control 
Criteria: 

{I) New industrial development is 

required to — incorporate adc 
quotcly designed, constructed 
and maintained s pill contain 
ment structure s if hazardous 
material s — afe — e ither — u s ed, 
s tored or manufactured on the 
premises; 

{H) — Low Density Option: New 

development — limited — to one 
dwelling unit per acre or 12 
percent built upon area; 
(HI) — High Density Option: — If new 
development — exceeds — either 
one dwelling unit per acre or 
12 percent built upon area then 
engineered stormwatcr controls 
must be used to control runo ff 
from the first inch of rainfall; 
development not to exceed 30 
percent built upon area; 
{*¥) — N© — new — permitted s ite s — fef 

land application e-f 

sludge/residuals or petroleum 
contaminated s oil s arc allowed; 
fV) — No new landfills arc allowed; 
(€) — Odor producing substances contained 
in sewage, industrial wastes, or other 
wastes : — only such amounts, whether 
alone or in combination with other 
substances — ef — wastes, — as — wtH — net 
cau s e taste and odor difficultie s in 
water s upplies which cannot bo cor 
rectcd by treatment, impair the palat 
ability of fi s h, or have a deleterious 
effect upon any best u s age establi s hed 
for waters of thi s clas s ; 
{©) — Phenolic compounds: not greater than 
1 .0 ug/1 (phenols) to protect water 
supplies from ta s te and odor problem s 
from chlorinated phenol s ; 
fE) — Total hardness: — not greater than 100 
mg/1 as calcium carbonate; 

Total di s solved s olid s : not greater 

than 500 mg/1; 

Toxic and other deleterious substanc 



<&- 



«* 



esr 

it) Water — quality — s tandards — (maxi 

mum permissible concentrations) 
to protect human health through 
water con s umption and fi s h ti s sue 
consumption for non carcinogen s 
in Class WS III waters: 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2085 



PROPOSED RULES 



(f) Barium: l.Omg/1; 

{«) — Chloride: 250 mg/1; 
fffl) — Manganese: 200 ug/1; 
(IV) Nickel: 25 ug/1; 
(V-) Nitrate nitrogen: — 10 mg/1; 

(VI) 2, 4 D: 100 ug/1; 

(VII) 2, 4 ,5 TP (Silvcx): 10 ug/1; 
(VHI)Sulfatc s : 250 mg/1; 

f«) Water — quality — s tandards — (maxi 

mum permi ss ible concentration s ) 
to protect human health through 
water consumption and fish tissue 
consumption — fef — carcinogens — m 
Class WS III waters: 

#) Beryllium: 6. 8 ng/1; 

<H) — Benzene: 1.19 ug/1; 

(III) Carbon tetrachloride: — 9r244 

u g/i; 

(IV) Chlorinated benzenes: 488 

fV) — Dioxin: 0.000013 ng/1; 

fV4) — Hcxachlorobutadienc: 0. 44 5 

(VII) Polynuclcar — aromatic — hydro 
carbons: — 2.8 ng/1; 

(VIII)Tctrachlorocthane (1,1,2,2): 

0.172 ug/1; 

(IX) Tctrachlorocthylcnc: 0. 8 ug/1; 

(X) — Trichlorocthylcnc: 3.0 8 ug/1; 

(XI) Vinyl Chloride: 2 ug/1; 

(XII) Aldrin: 0.127 ng/1; 
(XHI)Chlordanc: 0.575 ng/1; 
(XIV)DDT: 0.5 88 ng/1; 
(XV) Dicldrin: 0.135 ng/1; 
(XVI)Heptachlor: 0.208 ng/1. 

(f) Class WS IV Waters. 

(+) Best Usage of Waters. — Source of water 

s upply — fof — drinking, — culinary, — ef 
food proce ss ing — purposes — fef — tho s e 
u s er s where a more protective WS I, 
WS II or WS III clas s ification i s not 
fea s ible and any other best usage speci 
ficd for Cla s s C waters; 

(2) Condition s Related — te — Best — Usage. 

Water s of this class are protected as 
water s upplies which are generally in 
moderately to highly developed water 
s hed s — &r — protected — areas; — discharges 
which qualify for a General Permit 
pur s uant to 15A NCAC 2H .0127, trout 
farm di s charge s , recycle (closed loop) 
systems that only discharge in response 

te 10 year storm events, other 

storm water — di s charge s — and — dome s tic 
wa s tewater discharges arc allowed in 



the protected and critical areas; treated 
industrial — wastewater — discharges — ate 
allowed in the protected and critical 

areas; however, eew industrial 

wastewater discharges — in the critical 
area arc required to meet the provision s 
of 15A NCAC 2B ,0201(d)(l)(B)(iv), 
(v) and (vii), and 15A NCAC 2B 
.0203; new industrial connections and 
expansions to existing municipal dis - 
charges with a prctreatment program 
pursuant to 15A NCAC 211 .0904 arc 
allowed; — the — waters, — following — treat 
ment required by the Division of Envi - 
ronmental Health, will meet the Maxi - 
mum Contaminant Level concentrations 
considered s afe for drinking, culinary, 
or food processing purposes which arc 
specified in the national drinking water 
regulations and in the North Carolina 
Rules — Governing — PubHe — Water — Sup - 
plies, 15A NCAC 1 8 C .1500; sources 
of water pollution which preclude any 
of these uses on cither a short term or 
long term basis will be considered to bo 
violating a water quality s tandard; 

{£) Quality Standards Applicable to Clas s 

WS IV Waters: 

{A) — Sewage, industrial wa s te s , 

non process indu s trial wa s tes, or other 
wastes : — none except for those speci 
fied in Subparagraph (2) of this Para 
graph and Rule .010 4 of this Sub 
chapter; and none which will have an 
adverse effect on human health or 
which arc not effectively treated to 
the satisfaction of the Commission 
and in accordance with the require 
ments of the Division of Environmcn 
tal Health, North Carolina Depart 
ment of Environment, — Health, — aad 
Natural Resources; any di s charges or 
industrial users — subject to prctrcat 
ment standards may be required by 
the Commission to disclose all chemi 
cal constituents present or potentially 
pre s ent in their wastes and chemicalo 
which could be s pilled or be present 
in runoff from their facility which 
may have an adverse impact on down 
stream water supplies; these facilities 
may be required to have s pill an d 
treatment failure control plans as well 
as — perform — special — monitoring for 
toxic s ubstances; 



2086 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



£B) — Nonpoint — Sourc e — and — Storm water 

Pollution: — none that would adversely 
impact the waters for uoe as water 
supply or any other de s ignated use; 

(i) Nonpoint Source and Stormwatcr 

Pollution — Control — Criteria — Fef 
Entire — Watershed — et — Protected 
Area: 

{¥) Low Density Option: — Dcvel 

opment activities which require 
a Sedimentation/Erosion Con 
trol Plan in accordance with 
15A NCAC 4 established by 
the North Carolina Scdimcnta 
tion Control Commis s ion or 
approved — local — government 
programs as delegated by the 
Sedimentation — Control — Com 
mi s sion must be limited to no 
more than either: — two dwell 
ing units per acre or 2 4 per 
cent built upon on area; — of 
three dwelling units per acre 
or 36 percent built upon area 
for projects without curb and 
gutter — street — system — m — the 
protected area outside of criti 
col area; 

fH) — High Den s ity Option: — If new 
development activitie s — which 

require a Sedimenta 

tion/Erosion Control Plan 

exceed — the — requirements — ef 
Subparagraph s (f)(3)(B)(i)(I)of 
this — R-u4e — then — development 
must control the runoff from 
the first inch of rainfall; new 
development not to exceed 70 
percent built upon area; 

fffl) — Land within the critical and 
protected area will be deemed 
compliant — with — the — density 
requirements if the following 
two conditions arc met: — The 
density of all existing develop 
ment at the time of reclassifi 
cation meets the density — re- 
quircment when densities are 
averaged throughout the entire 
afeat — AH — new — development 
meets — these density — require 
ments on a project by project 
basis; 

fJV) — Clu s tering of development is 
allowed on a project by project 



ba s i s — as — follows: 



Overall 



density of the project mcct3 



associated density &f 

stormwatcr — control — require 
ments; — Built upon areas — afe 
de s igned and sited to minimize 
s tormwatcr — runoff impact to 
the receiving waters and mini 
mizes concentrated stormwa tef 
flow; — Remainder of tract to 
remain in vegetated or natural 

StulC, 

{V-) — If local — governments choose 
the high density development 
option — which — requires — cngi 
nccrcd — stormwate f — controls, 
then they will assume ultimate 
responsibility for operation and 
maintenance — of the — required 
controls as outlined in Rule 
.010 4 (f) of this Subchapter; 

(VI) — Minimum 100 foot vegetative 
buffer is required for all new 
development — activities — that 
exceed the low density option 
requirements — as — specified — m 
Subparagraphs (f)(3)(B)(i)(I)or 
(f)(3)(B)(ii)(I) of this Para 
graph, otherwise a minimum 
30 foot vegetative buffer for 
development is required along 
all perennial waters indicated 
on the most recent versions of 
U.S.G.S. 1:2 4 ,000 (7.5 min 
utc) scale topographic maps or 
as determined by local govern 
ment s tudies; nothing in this 
Section shall stand as a bar to 
desirable artificial strcambank 
shoreline stabilization; 

(VII) No — new — development — is — a4- 
lowed — ifl — the — buffer; — water 

dependent structures, and 

public projects — s uch — a s road 
cro ss ing s and greenway s may 
be allowed where no practica 
ble — alternative — exi s ts; — these 



activities 



-shaH- 



minimize 
built upon surface area, divert 
runoff — away — fmm — surface 
waters and maximize the utili 
zation of BMPs; 
(VIII)Maintain inventory of all haz 
ardou s — material s — u s ed — ami 
s tored — ifl — the — watershed — er 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2087 



PROPOSED RULES 



protected — area; — spill/failure 
containment plan and appropri 
ate safeguards against contami 
nation — we — required; — waste 
minimization and appropriate 
recycling of materials is en 
couraged; 

i#) Critical — Area — Nonpoint — Source 

and Stormwatcr Pollution Control 
Criteria: 

(t) Low Density Option: New 

development — activities — which 

r e quir e a Sedimcnta 

tion/Erosion Control Plan in 
accordance with 15A NCAC 4 
e s tablished by the North Caro 
Una — Sedimentation — Control 
Commission or approved local 
government program s as del e 
gated — by — the — Sedimentation 
Control Commission must be 
limited to no more than two 
dwelling units per acre or 2 4 
percent built upon area; 

{i¥) — High Den s ity Option: — If new 
development — den s ity — exceeds 
cither two dwelling units per 
:nt built 



pcrc 



upon 



area then engineered 

stormwatcr controls — must be 
used to control runoff from the 
#rst — ieefe — ef- — rainfall; — new 
development not to exceed 50 
percent built upon area; 
{iH) — Ne — new — permitted — sites — fer- 

1 and application e-f 

sludge/residuals or petroleum 

contaminated soils arc allowed; 

{4V) — No new landfill s arc allowed; 

{€-) — Odor producing substances contained 

in sewage, industrial wastes, or other 

wastes: — only such amounts, whether 

alone or in combination with other 

substances or waste, as will not cause 

ta s te and odor difficulties in water 

supplies which can not be corrected 

by treatment, impair the palatability 

of fish, or have a deleterious effect 

upon any best usage established for 

waters of this class; 

fB) — Phenolic compounds: not greater than 

1 .0 ug/1 (phenols) to protect water 

s upplie s from taste and odor problems 

due to chlorinated phenols; specific 

phenolic compounds may be given a 



different limit if it is demonstrated not 
to cause taste and odor problems and 
not to be detrimental to other best 
u s age; 

fE) — Total hardness: — not greater than 100 
mg/1 as calcium carbonate; 

fF) — Total dissolved solids: not greater 

than 500 mg/1; 

(G) — Toxic and other deleterious aubotanc 



(i) Water — quality — standards — (maxi - 
mum permissible concentrations) 
to protect human health through 
water consumption and fish tissue 
consumption for non carcinogens 
in Class WS IV waters: 

{I) Barium: 1.0 mg/1; 

<H) — Chloride: 250 mg/1; 

fffl) — Manganese: 200 ug/1; 

(IV) Nickel: 25 ug/1; 

fV) — Nitrate nitrogen: 10.0 mg/1; 

(VI) 2, 4 D: 100 ug/1; 

(VII) 2,4,5 TP (Sil vex): 10 ug/1; 
(VHI)Sulfatcs: 250 mg/1; 

$*t) Water — quality — standards — (maxi 

mum permi ss ible concentration s ) 
to protect human health through 
water consumption and fish tissue 
con s umption for carcinogens in 
Class WS IV waters: 

<¥) Beryllium: 6.8 ng/1; 

<H) — Benzene: 1.19 ug/1; 

(III) Carbon tetrachloride: — 0r354 

(IV) Chlorinated benzenes: 488 

■ ■„/!■ 

U 6 M > 

fV) — Dioxin: 0.000013 ng/1; 

fV4) — Hcxachlorobutadicnc: 0. 44 5 

U S"> 

(VII) Polynuclcar — aromatic — hydro 
carbons: 2. 8 ng/1; 

(VIII)Totraehlorocthano (1,1,2,2): 

0.172 ug/1; 

(IX) — Tctrachlorocthylenc: 0.8 ug/1; 

(X) — Trichlorocthylcnc: 3.08 ug/1; 

(XI) Vinyl Chloride: 2 ug/1; 

(XII) Aldrin: 0.127 ng/1; 
(XIH)Chlordanc! 0.575 ng/1; 
(XIV)DDT: 0.588 ng/1; 
(XV) Dicldrin: 0.135 ng/1; 
(XVI)Hcptachlor: 0.208 ng/1. 

(g) Cla ss WS V Waters. 

{4} Best Usage of Waters. — Waters protect 

cd as water supplies which arc general 
ly — upstream — and — draining — te — Class 



2088 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



WS IV — waters — er — waters — previously 
used for drinking water supply purpos 
cs; no categorical restrictions on water 
shed development or wastewater di s 
charges — we — required, — however, — the 
Commis s ion or its designee may apply 
appropriate management requirements 
as deemed necessary for the protection 
ef- — waters — down s tream — of- — receiving 
water s (15A NCAC 2B .0203); suitable 
for all Class C uses; 

{2) Conditions — Related — te — Best — Usage. 

Waters of this class arc protected water 
supplies; the waters, — following treat 
mont required by the Division of Envi ■ 
ronmcntal Health, will meet the Maxi - 
mum Contaminant Level concentration s 
considered safe for drinking, culinary, 
or food processing purpo s es which arc 
specified in the national drinking water 
regulations and in the North Carolina 
Rules — Governing — Public Water Sup 
plies, 15A NCAC 1 8 C .1500; source s 
of water pollution which preclude any 
of the s e uses on cither a s hort term or 
long term basis will be considered to be 
violating a water quality s tandard; 

{3} Quality Standards Applicable to Class 

WS V Waters: 

{A) — Sewage, industrial — wastes, 

non process industrial waste s , or other 

waste s : none which will have an 

adverse effect on human health or 
which arc not effectively treated to 
the s atisfaction of the Commi ss ion 
and in accordance with the require ' 
ments of the Divi s ion of Environmcn 
tal Health, North Carolina Depart 
ment of Environment, — Health, — and 
Natural Resource s ; any discharges or 
indu s trial user s subject to prctrcat 
ment standards may be required by 
the Commission to disclose all chemi 
col constituents present or potentially 
present in their wastes and ch e mical s 
which could be spilled or be present 
in runoff from their facility — which 
may have an adverse impact on down 
stream water supplie s ; these facilities 
may be required to have spill and 
treatment failure control plans as well 
as — perform — special — monitoring — fer 
toxic substances; 
(B) — Nonpoint — Source — and — Storm water 
Pollution: — none that would adversely 



impact the waters for use as water 
supply or any other de s ignated u s e; 
{€-) — Odor producing substances contained 
in sewage, indu s trial wastes, or other 
wastes: — only s uch amounts, whether 
alone or in combination with other 
sub s tances or waste, as will not cause 
taste and odor difficulties in water 
supplies which can not be corrected 
by treatment, impair the palatability 
of fi s h, or have a deleterious effect 
upon any best usage e s tabli s hed for 
waters of thi s class; 
{£>) — Phenolic compounds: not greater than 
1 ,0 ug/1 (phenols) to protect water 
supplies from taste and odor problems 
due to chlorinated phenols; specific 
phenolic compound s may be given a 
different limit if it is demonstrated not 
to cause taste and odor problem s and 
not to be detrimental to other best 
u s age; 
(E) — Total hardness: — not greater than 100 

mg/1 as calcium carbonate; 
fE) — Total dissolved solids: — not greater 

than 500 mg/1; 
{G) — Toxic and other deleterious substnnc 
esr 

{*) Water — quality — standards — (maxi 

mum permissible concentrations) 
to protect human health through 
water consumption and fish tissue 
consumption for non carcincgcns 
in Cla s s WS V waters: 

ft) Barium: 1.0 mg/1; 

m — Chloride: 250 mg/1; 
ftH) — Manganese: — 200 ug/1; 
(IV) Nickel: 25 ug/1; 
{V) — Nitrate nitrogen: — 10.0 mg/1; 

(VI) 2,4 D: 100 ug/1; 

(VII) 2, 4 ,5 TP (Silvcx): 10 ug/1; 
(VIH)Sulfotc s : 250 mg/1. 

(4i) Water quality — standards — (maxi 

mum permissible concentrations) 
to protect human health through 
water consumption and fish ti ss ue 
consumption — fef — carcinogens — m 
Cla3S WS V waters: 

#) Beryllium: 6. 8 ng/1; 

(H) — Benzene: 1.19 ug/1; 

(III) Carbon tetrachloride: — 0.25 4 

(IV) Chlorinated benzenes: 488 

ttg^t 

{¥) — Dioxin: 0.000013 ng/1; 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2089 



PROPOSED RULES 



fV4) — Hcxnchlorobutadicne : 0. 44 5 

(VII) Polynuclcar — aromatic — hydro 



carbons: — 2.8 ng/1; 



(VIH)Tctrachlorocthanc (1,1,2,2): 

0.172 ug/1; 
(IX) Tctrachlorocthylen e : 0.8 ug/1: 
fX) — Trichlorocthylcnc: 3.08 ug/1; 

(XI) Vinyl Chloride: 2 ug/1; 

(XII) Aldrin: 0.127 ng/1; 
(XHI)Chlordanc: 0.575 ng/1; 
(XIV)DDT: 0.588 ng/1; 
(XV) Dicldrin: 0.135 ng/1; 
(XVI)Heptachlor: 0.208 ng/1. 

(h) Class B Waters. 

{-}-) Best Usage of Waters. — Primary rccre 

ation and any other best usage specified 
by the "C" classification; 

{2} Conditions Related to Best Usage. The 

waters will meet aeeepted standards of 
water quality for outdoor bathing places 
and will be of sufficient size and depth 

tef primary recreation purposes. 

Sources of water pollution which pre 
elude any of these uses on cither a 
short term or long term basis will be 
considered — te — be — violating — a — water 
quality standard: 

(3} Quality standards applicable to Clas s B 

waters : 
{A) — Sewage, — indu s trial wastes, — or other 
wastes : — none which arc not effective 
ly treated to the satisfaction of the 
Commission; in determining the de 
gree of treatment required for such 
waste when discharged into waters to 
be used for bathing, th e Commission 
will consider the quality and quantity 
of the sewage and wastes involved 
and the proximity of such discharges 
to waters in this class; discharges in 
the — immediate — vicinity — ef- — bathing 
areas may not be allowed if the Direc 
tor determines that the waste can not 
be reliably treated to ensure the pro 
tection of primary recreation; 
ffr) — Organisms of coliform gro ttpi — feeal 
coliform s — net — te — exceed — geometric 
mean of 200/100 ml (MF count) 
based — ee — at — least — five — consecutive 
s ample s examined during any 30 day 
period and not to exceed 4 00/100 ml 
in more than 20 percent of the sam 
pies examined during such period. 



Statutory Authority G.S. 143-214.1; 

143-21 5. 3(a)(1). 

.0212 FRESH SURFACE WATER QUALrTY 
STANDARDS FOR CLASS WS-I 
WATERS 

(a) General. The water quality standards for all 
tidal s alt waters arc the basic standards applicable 
to Class SC waters. Additional and more stringent 
s tandards applicable to other specific tidal salt 
water classifications are specified in Paragraphs (c) 
and (d) of this Rule. 
fb) — Ail tidal salt waters (Class SC). 

fB Best Usage of Waters. Aquatic life 

propagation and maintenance of biologi 
cal integrity (including fishing, fish and 
functioning PNAs), wildlife, secondary 
recreation, and any other usage except 
primary recreation or shellfishing for 
market purposes; 

{2} Conditions Related to Best Usage. The 

waters will be suitable for aquatic life 
propagation and maintenance of biologi 
cal integrity, wildlife, and secondary 
recreation; Any source of water pollu ^ 
tion which precludes any of these uses, 
including their functioning as PNAs, on 
cither a short term or a long term basis 
will be considered to be violating a 
water quality standard; 
f3>- — Quality standards applicable to all tidal 



salt waters: 



fA) — Chlorophyll a (corrected): not greater 
than 4 ug/1 in sounds, estuaries, and 
other slow moving waters; the Com 
mission or its designee may prohibit 
or limit any discharge of waste into 
surface waters if, in the opinion of the 
Director, the surface waters experi 
cneo or the discharge would result in 
growths of microscopic or maeroscop 
ie vegetation such that the standards 
established — pursuant — te — this — Rule 
would be violated or the intended best 
usage of the waters would bo im 
paired. 

(B) — Dissolved oxygen: not less than 5.0 
mg/1. — except — tbat — swamp — waters, 
poorly — flu s hed — tidally — influenced 
streams or embayments, or estuorin e 



bottom waters 



have lower values 



■may 

if caused by natural conditions; 
iGj — Floating — solids; — scttleablc — s olids; 
sludge deposits: — only such amounts 
attributabl e — te — sewage, — industrial 



2090 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



wastes or other wastes, as will not 
make the waters unsafe or un s uitable 
for aquatic life and wildlife, or impair 
the waters for any designated uses; 

{©) — Gase s , total dissolved: not greater 

than 110 percent of saturation; 

tE) — Organisms of coliform group: — feeal 
coliform s — net — te — exceed — geometric 
mean of 200/100 ml (MF count) 
based upon at least five con s ecutive 
samples examined during any 30 day 
period; not to exceed 4 00/100 ml in 
more than 20 percent of the samples 
examined during such period; viola 
tions of the fecal coliform standard 
arc expected during — rainfall — events 
and, in some cases, this violation i s 
expected to be caused by uncontrolla 
ete — nonpoint — source — pollution; — aH 
coliform — concentrations — we — te — be 
analyzed — using — the — ME — technique 
unless high turbidity or other adverse 
conditions necessitate the tube dilution 
method; in case of controversy over 
results the MPN 5 tube dilution mcth 
od will be used as the referee method; 

tE) — Oils; deleterious substances; colored 
or other wastes: — only such amounts 
as will not render the waters injurious 
to public health, secondary recreation 
ef — te — aquatic — life and — wildlife — ef 
adver s ely affect the palatability — ef 
fi s h, aesthetic quality or impair the 
waters for any designated uses; for 
the — purpo s e — ef- — implementing — this 
Rule, — &H&-, — deleterious — substances, 
colored or other wastes will include 
but not be limited to substances that 
cause a film or sheen upon or discol 
oration of the s urface of th e water or 
adjoining s horelines pursuant to 4 
CFR 110. 4 (a) (b). 

{G) — pi-k — will be normal for the waters in 
the area, which generally will range 
between — 6rS — and — 8r5 — exeept — that 
s wamp water s may have a pH a s low 
as 4 .3 if it is the result of natural 
conditions; 



{H) — Phenolic 



l pounds: ealy — such 



compounds: ef 

levels as will not re s ult in fi s h - fle s h 
tainting or impairment of other best 
u s age; 

{t) Radioactive substance s : 

fi) Combined radium 226 and 



average — annual — activity — level 
(based on at least four samples, 
collected quarterly) for combined 
radium 226, and radium 228 will 
not exceed — five picoCuries — pef 

litrr- 

(it) Alpha — Emitters. The — average 

annual gross alpha particle activi 
ty — (including — radium 226, — but 
excluding radon and uranium) will 
net — exceed — 1-§ — picoCuries — pef 
tkeff 

{tit) — Beta — Emitters. The 



averag e — annual 



radium 228: 



The — maximum 



maximum 
activity — level 
(based on at least four sample s , 

collected quarterly) f-e-f 

strontium 90 will not exceed eight 
picoCuries per liter; nor s hall the 
average annual gross beta particle 
activity — (excluding potassium 4 
and — other — naturally — occurring 

radio nuclides) exceed S€ 

picoCuries per liter; nor will the 
maximum average annual activity 
level for tritium exceed 20,000 
picoCuries per liter; 

{T) Salinity: wtH — not be appreciably 

modified as a result of hydrological 
modifications — in areas — draining — te 
PNAs; projects which arc determined - 
by the Director to result in the appro 
ciablc modification of s alinity within 
a PNA will be required to employ 
appropriate water management prac 
ticc s ; 
{K) — Temperature: — will not be increased 
above the natural water temperatur e 
by more than 0. 8 degrees C (1.44 
degrees F) during the month s of June, 
July, and August nor more than 2.2 
degrees C (3.96 degree s F) during 
other months and in no case s to ex 
cccd 32 degrees C ( 8 9.6 degrees F) 
due to the discharge of heated liquids; 
tE) — Turbidity: the turbidity in the rccciv 
ing water will not exceed 25 NTU; if 
turbidity exceeds thi s level due to 
natural — background — conditions, — the 
existing — turbidity — level — cannot — be 

increased. Compliance — with — this 

turbidity s tandard can be met when 
land management activities — employ 
Be s t Management Practice s (BMP s ) 
[as defined by Rule .0202(6) of this 
Section] recommended by the Desig 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2091 



PROPOSED RULES 



natcd Nonpoint Sourc e — Agency (as 
defined by Rule .0202 of this Sec 
tion). — BMPs mu s t be in full compli 
ancc with all specification s governing 
the proper design, installation, opera 
tion and maintenance of such BMPs; 

{M) — Toxic substances: numerical water 

quality standards (maximum permissi 
bie — levels) — te — protect — aquatic — Itfe 



applicable to all tidal saltwaters: 
fi-) Ar s enic, — total — recoverable: 



-50 



{«} Cadmium: — 5.0 ug/1; 

{tit) — Chromium, total: — 20 ug/1; 

ffv) — Cyanide: — 1.0 ug/1; 

{v} Mercury: 0.025 ug/1; 

fvt) — Lead, total recoverable: — 25 ug/1; 
collection — of data — oe — sources, 
transport and fate of lead will be 
required as part of the toxicity 
reduction evaluation for discharg 
crs that arc out of compliance 
with whole effluent toxicity test 
ing requirements and the concon 
tration of lead in the effluent is 

concomitantly determin ed te 

exceed an instrcam level of 3.1 
ug/1 from the discharge; 

(vii) Nickel: 8.3 ug/1; 

(viii) Pesticides: 

if) AJdrin: 0.003 ug/1; 

f»3 — Chlordanc: 0.00 4 ug/1; 

(III) DDT: 0.001 ug/1; 

(IV) Demeton: 0.1 ug/1; 
fV) — Dicldrin: 0.002 ug/1; 

(VI) Endosulfan: 0.009 ug/1; 

(VII) Endrin: 0.002 ug/1; 
(VIII)Guthion: 0.01 ug/1; 
(IX) Hcptachlor: 0.00 4 ug/1; 
<X) — Lindane: 0.00 4 ug/1; 

(XI) Methoxyehlor: 0.03 ug/1; 

(XII) Mircx: 0.001 ug/1; 
(XHI)Parathion: 0.178 ug/1; 
(XIV)Toxaphcnc: 0.0002 ug/1. 

ftx) — Polycholorinatcd biphcnyls: 

0.001 ug/1; 
Selenium: — 71 ug/1; 



{x4} — Trialkyltin — compounds: 0.002 

ug/1 expressed as tributyltin. 

{4) Action Level s for Toxic Substances: — tf- 

the Action Levels for any of the sub 
stances — listed — hi — this — Subparagraph 

(which a-f* generally n-e-t 

bioaecumulative — aftd — have — variable 
toxicity to aquatic life because of chem ■ 



ical form, solubility, stream characteris - 
tics or associated waste characteristics) 
are determined by the waste load allo - 
cation to be exceeded in a receiving 
water by a discharge under the speci - 
fied low flow criterion for toxic sub - 
stances (Rule .0206 in this Section), the 
discharger will be required to monitor 
the chemical or biological effects of the 
discharge; efforts shall be made by all 
discharger s to reduce or eliminate these 
substances from their effluents. — Those 
s ub s tances for which Action Levels arc 
listed — m — this — Subparagraph — may — be 
limited as appropriate in the NPDES 
permit if sufficient information exists to 
indicate that any of those substances 
may be a s ignificant causative factor 
resulting in toxicity of the effluent. 
{A} — Copper: — 3 ug/1; 
<B) — Silver: 0.1 ug/1; 
{€} — Zinc: 86 ug/1. 
(o) Class SA Waters. 

<4-) Best Usage of Waters. — Shcllfishing for 

market purposes and any other usage 
specified by the "SB" or "SC" classifi 
cation; 

{3} Conditions — Related — te — Best — U s age. 

Waters will meet the current sanitary 
and bacteriological standards as adopted 
by the Commi s sion for Health Services 
and will be suitable for shellfish cul - 
teei — aay — s ource — of water pollution 
which — precludes — asy — of these — uses, 
including their functioning as PNAs, on 
cither a short term or a long term b asis 
will be considered to be violating a 
water quality standard; 

f3) Quality Standards applicable to Class 



SA Waters: 
(A) — Floating 



solids; — softlcablc — solids; 
sludge deposits: — none attributable to 
sewage, — industrial — wastes — or other 
wastes; 

Sewage: 



none; 



{€) — Industrial wastes, — or other wastes: 
none which are not effectively treated 
to the satisfaction of the Commission 
in accordance with the requirements 
of the Division of Health Services; 

fB) — Organisms of coliform gro tty — feeal 
coliform group not to exceed a medi 
an MF of 1 4 /100 ml and not more 
than 10 percent of the samples shall 
exceed an MF count of 4 3/100 ml in 



2092 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



those arcaa moat probably exposed to 
fecal contamination during the most 
unfavorable hydrographic and pollu 
tion conditions, 
(d) Claaa SB Watcra. 

{4-) Be a t Uaagc of Watcra. — Primary recre 

ation and any other usage specified by 
the "SC" classification; 

{2} Conditions Related to Best U a agc. The 

watcra — wtH — meet — accepted — s anitary 
s tandards of water quality for outdoor 
bathing places and will be of sufficient 
size and depth for primary recreation 
purposes; any source of water pollution 
which preclude s — any — of these uses, 
including their functioning as PNAs, on 
cither a s hort term or a long term basis 
will be considered to be violating a 
water quality standard; 

{£) Quality Standards applicable to Class 

SB waters: 
(A) — Floating — solids; — s cttlcablc — s olids; 
s ludge depo s its: — none attributable to 
acwagc, — induatrial — wastes — of — other 
waste s ; 
{B) — Sewage; — induatrial wastca; — or other 
wastes: none which arc not effective 
ly treated to the satisfaction of the 
Commisaion; in determining the dc 
grcc of treatment required for such 
watcra discharged into waters which 
arc to be used for bathing, the Com 
mi ss ion will take into consideration 
quantity and quality of the sewage and 
other wa s te s involved and the proxim 
ity of s uch diacharges to the waters in 
this class; discharges in the immediate 
vicinity of bathing areas may not be 
allowed if the Director determines 
that the waste can not be treated to 
ensure — the — protection — ef- — primary 
recreation; 
{€-) — Organisms of coliform group: — feeal 
coliform s not to exceed a geometric 
mean of 200/100 ml (MF count) 
based — on at — least — five — consecutive 
samples examined during any 30 day 
period and not to exceed 4 00/100 ml 
in more than 20 percent of the sam 
pics examined during such period. 
The following water quality standards a pply to 
surface waters within predominantly undeveloped 
water supply watersheds that are classified WS-I. 
Water quality standards a pplicable to Class C 
waters as described in Rule .021 1 of this Section 



also apply to Class WS-I waters. 

(1) Best Usage of Waters. Source of water 
supply for drinking, culinary, or 
food-processing purposes for those users 
desiring maximum protection of their 
water supplies, and any best usage speci- 
fied for Class C waters. 

(2) Conditions Related to the Best Usage- 
Waters of this class are protected water 
supplies within essentially natural and 
undeveloped watersheds with no permit- 
ted point source dischargers except those 
specified in Rule .0104 of this Subchap- 
ter; waters within this class must be 
relatively unimpacted by nonpoint sourc- 
es of pollution; land use management 
programs are required to protect waters 
from nonpoint source pollution; the wa- 
ters, following treatment required by the 
Division of Environmental Health, will 
meet the Maximum Contaminant Level 
concentrations considered safe for drink- 



13} 



ing, culinary, and food-processing pur- 
poses which are specified in the national 
drinking water regulations and in the 
North Carolina Rules Governing Public 
Water Supplies, 15A NCAC 18C .1500; 
sources of water pollution which preclude 
any of these uses on either a short-term 
or long-term basis will be considered to 
be violating a water quality standard. 
The Class WS-1 classification may be 



used to protect portions of Class WS-II, 
WS-II1 and WS-IV water supplies. For 
reclassifications occurring after the July 
J_! 1992 statewide reclassification, the 
more protective classification requested 
by local governments will be considered 
by the Commission when all local gov- 
ernments having jurisdiction in the affect- 
ed area(s) have adopted a resolution and 
effective appropriate ordinances to pro- 
tect the watershed or the Commission 
acts to protect a watershed when one or 
more local governments has failed to 
adopt necessary protection measures- 
Quality Standards Applicable to Class 
WS-I Waters: 
Nonpoint Source Pollution: none that 
would adversely impact the waters for 
use as a water supply or any other 
designated use; 

Organisms of coliform group: total 
coliforms not to exceed 50/100 ml (MF 
count) as a monthly geometric mean 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2093 



PROPOSED RULES 



Hi 



value in watersheds serving as unfil- 
tered water supplies; 
Phenolic compounds: not greater than 
1.0 ug/1 (phenols) to protect water 



.0214 FRESH SURFACE WATER QUALITY 
STANDARDS FOR CLASS WS-II 
WATERS 

fa) — In addition to existing classifications, the 
Commission may classify any surface waters of the 
state as nutrient sensitive waters (NSW) upon a 
finding that s uch waters arc experiencing or arc 
those specified in Subparagraph (2) of subject to excessive growths of microscopic or 

this Paragraph; or Rule .0104 of this macroscopic vegetation. — Excessive growths arc 

Subchapter; 



supplies from taste and odor problems 

from chlorinated phenols; 

Sewage, industrial wastes: none except 



Hi 



Solids, total dissolved: not greater than 

500 mg/1; 

Total hardness: not greater than 100 

mg/1 as calcium carbonate; 

Toxic and other deleterious substances: 
Water quality standards (maximum 
permissible concentrations) to protect 
human health through water consump- 
tion and fish tissue consumption for 
non-carcinogens in Class WS-I wa- 
ters: 



IA1 
ID 
ICJ 
ID] 
II) 
ID 
{G} 
iffi 



Barium: 1.0 mg/1; 
Chloride: 250 mg/1; 



Manganese: 200 ug/1; 

Nickel: 25 ug/1: 

Nitrate nitrogen: 10.0 mg/1; 

2.4-D: 100 ug/1: 

2.4.5-TP (Silvex): 10 ug/1: 

Sulfates: 250 mg/1; 
(ii) Water quality standards (maximum 
permissible concentrations) to protect 
human health through water consump- 
tion and fish tissue consumption for 
carcinogens in Class WS-I waters: 
(A) Beryllium: 6.8 ng/1; 

Benzene: 1 .19 ug/1; 

Carbon tetrachloride: 0.254 ug/1; 

Chlorinated benzenes: 488 ug/1; 



IS) 
ICJ 
ID) 
IE) 

in 

Iffi 

01 

ill 

IK1 

ID 

(M) 

IN) 

IO) 

IP) 



Dioxin: 0.000013 ng/1; 
Hexachlorobutadiene: 0.445 ug/1; 
Polynuclear aromatic hydrocar- 
bons: 2.8 ng/1; 

Tetrachloroethane (1.1 .2.2): 
0.172 ug/1; 

Tetrachloroethylene: 0.8 ug/1; 
Trichloroethylene: 3.08 ug/1; 
Vinyl Chloride: 2 ug/1; 
Aldrin: 0.127 ng/1; 
Chlordane: 0.575 ng/1; 
DDT: 0.588 ng/1; 
Dieldrin: 0.135 ng/1; 
Heptachlor: 0.208 ng/1. 



Statutory Authority G.S. 143-214.1; 143-215. 3(a)(1). 



growths which the Commission in its discretion 
finds to substantially impair the use of the water 
for its be s t u s age as determined by the classifica - 
tion applied to s uch waters. 

fb) — NSW may include any or all waters within 
a particular river basin as the Commission deem s 
necessary to effectively control excessive growths 
of microscopic or macroscopic vegetation. 

fe) For the purpose of this Rule, the term 

"nutrients" shall mean phosphorous and/or nitro 
geft: — When considering the assignment of this 
classification, the Commission may specify as a 
"nutrient" any other chemical parameter or combi - 
nation of parameters which it determines to be 
essential for the growth of microscopic and macro 
scopic vegetation. 

fd) Those waters — additionally — classified as 

nutrient sensitive shall be identified in the appro 
priatc schedule of classifications as referenced in 
Section .0300 of this Subchapter. 

fe) — For the purpose of thi s Rule, the term 
"background level s " — s hall — mean the conccntro 
tion(s). taking into account seasonal variation s , of 
the specific nutrient or nutrients upstream of a 
nutrient source. 

ff) — Quality standards applicable to NSW; — ae 
increase in nutrients over background levels unless 
it is shown to the satisfaction of the Director that 
the increase: 

m is the result of natural variations; or 

f3) will not endanger human health, safety 

ef — welfare — and — that — preventing — the 

increase would cause a serious cconom 

ic hardship without equal or greater 

benefit to the public. 

The following water quality standards apply to 

surface waters within low to moderately developed 

water supply watersheds that are classified WS-II. 

Water quality standards applicable to Class C 

waters as described in Rule .0211 of this Section 

also apply to Class WS-II waters. 

(1) Best Usage of Waters. Source of water 

supply for drinking, culinary, or 

food-processing purposes for those users 

desiring maximum protection for their 

water supplies where a WS-I classifica- 



2094 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



tion is not feasible and any best usage 
specified for Class C waters. 

(2) Conditions Related to Best Usage. Wa- 
ters of this class are protected as water 
supplies which are generally in predomi- 
nantly undeveloped watersheds ; discharg- 
es which qualify for a General Permit 
pursuant to f5A NCAC 2H .0127, trout 
farm discharges, recycle (closed loop) 
systems that only discharge in response 
to 10-year storm events and other 
storm water discharges are allowed in the 
entire watershed; new domestic and 
industrial discharges of treated 
wastewater are not allowed in the entire 
watershed; the waters, following treat- 
ment required by the Division of Envi- 
ronmental Health, will meet the Maxi- 
mum Contaminant Level concentrations 
considered safe for drinking, culinary, 
and food-processing purposes which are 
specified in the national drinking water 
regulations and in the North Carolina 
Rules Governing Public Water Su pplies, 
15A NCAC 18C .1500; sources of water 
pollution which preclude any of these 
uses on either a short-term or long-term 
basis will be considered to be violating a 
water quality standard. The Class WS-II 
classification may be used to protect 
portions of Class WS-IH and WS-IV 
water supplies. For reclassifications 
occurring after the July !_, 1992 statewide 
reclassification, the more protective 
classification requested by local govern- 
ments will be considered by the Commis- 
sion when all local governments having 
jurisdiction in the affected area(s) have 
adopted a resolution and effective appro- 
priate ordinances to protect the watershed 
or the Commission acts to protect a 
watershed when one or more local gov- 
ernments has failed to adopt necessary 
protection measures. 

(3) Quality Standards Applicable to Class 
WS-II Waters: 

(a) Sewage, industrial wastes, non-process 
industrial wastes, or other wastes : 
none except for those specified in either 
Item (2) of this Rule and Rule .0104 of 
this Subchapter; and none which will 
have an adverse effect on human health 
or which are not effectively treated to 
the satisfaction of the Commission and 
in accordance with the requirements of 



the Division of Environmental Health, 



ib) 



ill 



North Carolina Department of Environ- 
ment, Health , and Natural Resources; 
any discharger may be required upon 
request by the Commission to disclose 
all chemical constituents present or 
potentially present in their wastes and 
chemicals which could be spilled or be 
present in runoff from their facility 
which may have an adverse impact on 
downstream water quality; these facili- 
ties may be required to have spill and 
treatment failure control plans as well 
as perform special monitoring for toxic 
substances; 

Nonpoint Source and Storm water Pollu- 
tion: none that would adversely impact 
the waters for use as a water supply or 
any other designated use; 
Nonpoint Source and Storm water 
Pollution Control Criteria For Entire 
Watershed: 
(A) Low Density Option: Develop- 
ment density must be limited to 
either no more than one dwelling 
unit per acre or 1_2 percent 
built-upon area in the watershed 
outside of the critical area; 
High Density Option: If new 
development exceeds either one 
dwelling unit per acre or 12 per- 
cent built-upon area, then engi- 
neered storm water controls must 
be used to control runoff from the 
first inch of rainfall: new develop- 
ment not to exceed 30 percent 
built-upon area; 
Land within the watershed will be 



IB) 



IQ 



im 



deemed compliant with the density 
requirements if the following two 
conditions are met: The density 
of all existing development at the 
time of reclassification meets the 
density requirement when densi- 
ties are averaged throughout the 
entire watershed area at the time 
of classification; All new develop- 
ment meets this density require- 
ment on a project-by-project 
basis; 

Clustering of development is 
allowed on a project-by-project 
basis as follows: Overall density 
of the project meets associated 
density or storm water control 



NORTH CAROLINA REGISTER 



March 15, 1995 



2095 



PROPOSED RULES 



requirements; Built-upon areas 
shall be designed and sited to 
minimize storm water runoff im- 
pact to the receiving waters and 
minimize concentrated storm water 
flow; Remainder of tract to re- 
main in vegetated or natural state; 

(E) A maximum of five percent of 
each jurisdiction's portion of the 
watershed outside of the critical 
area as delineated on July _]_, 1993 
may be developed with new 
non-residential development pro- 
jects of up_ to 70 percent 
built-upon surface area in addition 
to the new non-residential devel- 
opment approved in compliance 
with the appropriate requirements 
of Sub-Item (3)(b)(i)(A) or Sub; 
Item (3)(b)(i)(B) of this Rule. 
The Commission may allow 70 
percent built-upon area on greater 
than five percent but not to ex- 
ceed 10 percent of each 
jurisdiction's portion of the desig- 
nated watershed outside of the 
critical area for new 
non-residential development. 
Each project must to the maxi- 
mum extent practicable minimize 
built-upon surface area, direct 
storm water runoff away from 
surface waters and incorporate 
best management practices to 
minimize water quality impacts; if 
the local government opts for high 
density development then appro- 
priate engineered storm water 
controls (wet detention basins) 
must be employed for the new 
non-residential development which 
exceeds the low density re quire- 
ments; 

(P) If local governments choose the 
high density development option 
which requires storm water con- 
trols, then they will assume ulti- 
mate responsibility for operation 
and maintenance of the required 
controls as outlined in Rule 
.0104(f) of this Subchapter; 

(G) Minimum 100 foot vegetative 
buffer is required for all new 
development activities that exceed 
the low density option require- 



ments as specified in Sub-Item 

CDIbHJHA) £* Sub-Item 
(3)(b)(i)(B) of this Rule; otherwise 
a minimum 30 foot vegetative 
buffer for development activities 
is required along all perennial 
waters indicated on the most 
recent versions of U.S.G.S. 



Iffi 



1:24,000 (7.5 minute) scale topo- 
graphic maps or as determined by 
local government studies; nothing 
in this Section shall stand as a bar 
to desirable artificial streambank 
or shoreline stabilization; 
No new development is allowed in 
the buffer; water dependent struc- 
tures, and public projects such as 
road crossings and greenways 



may be allowed where no practi- 
cable alternative exists; these 
activities shall minimize 
built-upon surface area, direct 
runoff away from the surface 
waters and maximize the utiliza- 
tion of BMPs; 

(I) Maintain inventory of all hazard- 
ous materials used and stored in 
the watershed; spill/failure con- 
tainment plan and appropriate 
safeguards against contamination 
are required; waste minimization 
and a ppropriate recycling of 
materials is encouraged; 

(J) No new discharging landfills are 
allowed; 
(ii) Critical Area Nonpoint Source and 
Storm water Pollution Control Crite- 
ria: 

(A) New industrial development is 
required to incorporate adequately 
designed, constructed and main- 
tained spill containment structures 
if hazardous materials fas defined 
by 15A NCAC 2B .02021 are 
either used, stored or manufac- 
tured on the premises; 

(B) Low Density Option: New devel- 
opment is limited to either no 
more than one dwelling unit per 
two acres or six percent 
built-upon area; 

(C) High Density Option: If new 
development density exceeds 
either one dwelling unit per two 
acres or six percent built-upon 



2096 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



area, then engineered storm water 
controls must be used to control 
runoff from the first inch of rain- 
fall: development density not to 
exceed 24 percent built-upon area; 
(D) No new permitted sites for land 
application of sludge/ residuals or 
petroleum contaminated soils are 
allowed; 
£E) No new landfills are allowed; 
(c) Odor producing substances contained in 
sewage or other wastes: only such 
amounts, whether alone or in combina- 
tion with other substances or wastes, as 
will not cause: taste and odor difficul- 
ties in water supplies which cannot be 
corrected by treatment, impair the 
palatability of fish, or have a deleteri- 
ous effect upon any best usage estab- 
lished for waters of this class; 
Phenolic compounds: not greater than 
1.0 ug/1 (phenols) to protect water 
supplies from taste and odor problems 
from chlorinated phenols; 
Total hardness: not greater than 100 
mg/1 as calcium carbonate; 
Total dissolved solids: not greater than 
500 mg/1: 

Toxic and other deleterious substances: 
(i) Water quality standards (maximum 
permissible concentrations) to protect 
human health through water consump- 
tion and fish tissue consumption for 
non-carcinogens m Class WS-II wa- 
ters: 
(A) Barium: 1.0 mg/1; 
£B} Chloride: 250 mg/1; 

(C) Manganese: 200 ug/1; 

(D) Nickel: 25 ug/1; 

(E) Nitrate nitrogen: 10 mg/1; 
£F) 2,4-D: 100 ug/1; 
(G) 2.4.5-TP: 10 ug/1: 
(H) Sulfates: 250 mg/1; 

(ii) Water quality standards (maximum 
permissible concentrations) to protect 
human health through water consump- 
tion and fish tissue consumption for 
carcinogens in Class WS-II waters: 
(A) Beryllium: 6.8 ng/1; 
Benzene: 1.19 ug/1; 
Carbon tetrachloride: 0.254 ug/1; 
Chlorinated benzenes: 488 ug/1; 



Id} 

(Si 
® 
Hi 



m 

ID) 

im 

IE) 
£G) 



bons: 2.8 ng/1; 
(H) Tetrachloroethane (1,1 .2.2): 

0.172 ug/1; 
£1) Tetrachloroethylene: 0.8 ug/1; 
(J) Trichloroethylene: 3.08 ug/1; 
(K) Vinyl Chloride: 2 ug/1; 
(L) Aldrin: 0.127 ng/1; 
(M) Chlordane: 0.575 ng/1; 
(N) DDT: 0.588 ng/1; 
(O) Dieldrin: 0.135 ng/1; 
(P) Heptachlor: 0.208 ng/1. 

Statutory Authority G.S. 143-214.1. 



.0215 FRESH SURFACE WATER QUALITY 
STANDARDS FOR CLASS WS-III 
WATERS 

The standards of water quality contained in this 

Section shall not apply to water s within effluent 

channels, as defined in Rule .0202(15) of this 

Section, except that said waters shall be maintained 

at a quality which will prevent the occurrence of 

offensive conditions, protect public health, — and 

allow maintenance of the standard s applicable to 

all downstream waters. — Effluent channels will be 

designated by the Director, s uch that the channel s 
..■ill- 

Will . 



w- 



-fee- 



owned 



Dioxin: 0.000013 ng/1; 
Hexachlorobutadiene: 0.445 ug/1; 
Polynuclear aromatic hydrocar- 



containod entirely on property 
(or otherwi s e controlled) by the di s charg 
cr (to be demonstrated by the di s charg 

{3) not contain natural waters except when 

such waters occur in direct response to 
rainfall events by overland runoff; 

0) be so constructed or modified as to mini 

mize the migration of fish into s aid chan 

{A) be — identified — and — de s ignated on — a 

case by case basi s prior to permit i ss u 
ance. 
The following water quality standards apply to 
surface water supply waters that are classified WS- 
III. Water quality standards applicable to Class C 
waters as described in Rule .021 1 of this Section 
also apply to Class WS-III waters. 

(1) Best Usage of Waters. Source of water 
supply for drinking, culinary, or 
food-processing purposes for those users 
where a more protective WS-I or WS-II 
classification is not feasible and any other 
best usage specified for Class C waters; 

(2) Conditions Related to Best Usage. Wa- 
ters of this class are protected as water 
su pplies which are generally in low to 
moderately developed watersheds; dis- 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2097 



PROPOSED RULES 



charges that qualify for a General Permit 
pursuant to _[5A NCAC 2H .0127, trout 
farm discharges, recycle (closed loop) 
systems that only discharge in response 
to 10-year storm events, and other 
storm water discharges are allowed in the 
entire watershed; treated domestic 
wastewater discharges are allowed i_n the 
entire watershed but no new domestic 
wastewater discharges are allowed in the 
critical area; no new industrial 
wastewater discharges except non-process 
industrial discharges are allowed in the 
entire watershed; the waters, following 
treatment required by the Division of 
Environmental Health, will meet the 
Maximum Contaminant Level concentra- 
tions considered safe for drinking, culi- 
nary, or food-processing purposes which 
are specified in the national drinking 
water regulations and in the North Caro- 
lina Rules Governing Public Water Sup- 
plies, 15A NCAC 18C .1500; sources of 
water pollution which preclude any of 
these uses on either a short-term or 
long-term basis will be considered to be 
violating a water quality standard; the 
Class WS-III classification may be used 



to protect portions of Class WS-IV water 
supplies. For reclassifications occurring 
after the July J^ 1992 statewide reclassifi- 
cation, the more protective classification 
requested by local governments will be 
considered by the Commission when all 
local governments having jurisdiction in 
the affected area(s) have adopted a reso- 
lution and effective appropriate ordinanc- 
es to protect the watershed or the Com- 
mission acts to protect a watershed when 
one or more local governments has failed 
to adopt necessary protection measures. 
(3) Quality Standards Applicable to Class 
WS-III Waters: 
(a) Sewage, industrial wastes, non-process 

industrial wastes, or other wastes: 
none except for those specified in Sub- 
paragraph (2) of this Paragraph and 
Rule .0104 of this Subchapter; and 
none which will have an adverse effect 
on human health or which are not 
effectively treated to the satisfaction of 
the Commission and in accordance with 
the requirements of the Division of 
Environmental Health, North Carolina 
Department of Environment, Health, 



and Natural Resources; any discharger 
may be required by the Commission to 
disclose all chemical constituents pres- 
ent or potentially present in their wastes 
and chemicals which could be spilled or 
be present in runoff from their facility 
which may have an adverse impact on 
downstream water quality; these facili- 
ties may be required to have spill and 
treatment failure control plans as well 
as perform special monitoring for toxic 
substances; 
(b) Nonpoint Source and Stormwater Pollu- 
tion: none that would adversely impact 
the waters for use as water supp ly or 
any other designated use; 
£i] Nonpoint Source and Stormwater 

Pollution Control Criteria For Entire 

Watershed: 
(A) Low Density Option: Develop- 



m 



iQ 



LDl 



ment density must be limited to 
either no more than two dwelling 
units per acre or 24 percent 
built-upon on area in watershed 
outside of the critical area; 



High Density Option: If new 
development density exceeds two 
dwelling units per acre or 24 
percent built-upon area then de- 
velopment must control runoff 
from the first inch of rainfall; new 
development not to exceed 50 
percent built-upon area; 
Land within the watershed will be 
deemed compliant with the density 
requirements if the following two 
conditions are met: The density 
of all existing development at the 
time of reclassification meets the 
density requirement when densi- 



ties are averaged throughout the 
entire watershed area; All new 
development meets these density 
requirements o n a 
project-bv-proiect basis; 
Clustering of development is 
allowed on a project-by-proiect 
basis as follows: Overall density 
of the project meets associated 
density or stormwater control 
requirements; Built-upon areas are 
designed and sited to minimize 
stormwater runoff impact to the 
receiving waters and minimizes 
concentrated stormwater flow; 



2098 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



IE) 



IE) 



IG) 



Remainder of tract to remain in 
vegetated or natural state; 
A maximum of five percent of 
each jurisdiction's portion of the 
watershed outside of the critical 
area as delineated on July L, 1993 
may be developed with new 
non-residential development pro- 
jects of up to 70 percent 
built-upon surface area in addition 
to the new non-residential devel- 
opment approved in compliance 
with the appropriate requirements 
of Sub-Item (3)(b)(i)(A) or Sub; 
Item (3)(b)(i)(B) of this Rule. 
The Commission may allow 70 
percent built-upon area on greater 
than five percent but not to ex- 
ceed 10 percent of each 
jurisdiction's portion of the desig- 
nated watershed outside of the 

new 



area for 

development. 



critical 
non-residential 
Each project must to the maxi- 
mum extent practicable minimize 
built-upon surface area, direct 
storm water runoff away from 
surface waters, and incorporate 
best management practices to 
minimize water quality impacts; if 
the local government opts for high 
density development then a ppro- 
priate engineered storm water 
controls (wet detention basins) 
must be employed for the new 
non-residential development which 
exceeds the low density require- 
ments; 

If local governments choose the 
high density development option 
which requires engineered 
storm water controls, then they 
will assume ultimate responsibility 
for operation and maintenance of 
the required controls as outlined 
in Rule .0104(f) of this Subchap- 
ter; 

Minimum 100 foot vegetative 
buffer is required for all new 
development activities that exceed 
the low density requirements as 
specified in Sub-Item (3)(b)(i)(A) 
or Sub-Item (3)(b)(i)(B) of this 
Rule, otherwise a minimum 30 
foot vegetative buffer for develop- 



iffi 



ment is required along all perenni- 
al waters indicated on the most 
recent versions of U.S.G.S. 
1:24.000 (7.5 minute) scale topo- 
graphic maps or as determined by 
local government studies; nothing 
in this Section shall stand as a bar 
to desirable artificial streambank 
or shoreline stabilization; 
No new development is allowed in 
the buffer; water dependent struc- 
tures, and public projects such as 
road crossings and greenways 
may be allowed where no practi- 
cable alternative exists; these 
activities shall minimize 
built-upon surface area, divert 
runoff away from surface waters 
and maximize the utilization of 
BMPs; 



(I) Maintain inventory of all hazard- 
ous materials used and stored in 
the watershed; spill/failure con- 
tainment plan and appropriate 
safeguards against contamination 
are required; waste minimization 
and appropriate recycling of 
materials is encouraged; 

(J) No new discharging landfills are 
allowed; 
(ii) Critical Area Nonpoint Source and 
Storm water Pollution Control Crite- 
ria: 

(A) New industrial development is 
required to incorporate adequately 
designed, constructed and main- 
tained spill containment structures 
if hazardous materials are either 
used, stored or manufactured on 
the premises; 

IB) Low Density Option: New devel- 
opment limited to one dwelling 
unit per acre or j2 percent 
built-upon area; 

(C) High Density Option: If new 
development exceeds either one 
dwelling unit per acre or J_2 per- 
cent built-upon area then engi- 
neered storm water controls must 
be used to control runoff from the 
first inch of rainfall; development 
not to exceed 30 percent 
built-upon area: 

(D) No new permitted sites for land 
application of sludge/residuals or 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2099 



PROPOSED RULES 



petroleum contaminated soils are 
allowed; 
(E) No new landfills are allowed; 

(c) Odor producing substances contained in 
sewage, industrial wastes, or other 
wastes: only such amounts, whether 
alone or in combination with other 
substances or wastes, as will not cause 
taste and odor difficulties in water 
supplies which cannot be corrected by 
treatment, impair the palatability of 
fish, or have a deleterious effect upon 
any best usage established for waters of 
this class; 

(d) Phenolic compounds: not greater than 
1,0 ug/1 (phenols) to protect water 
supplies from taste and odor problems 
from chlorinated phenols; 

(e) Total hardness: not greater than 100 
mg/1 as calcium carbonate; 

(f) Total dissolved solids: not greater than 
500 mg/1; 

(g) Toxic and other deleterious substances: 
(i) Water quality standards (maximum 

permissible concentrations) to protect 
human health through water consump- 
tion and fish tissue consumption for 
non-carcinogens in Class WS-III 
waters: 



(A) Barium: 1.0 mg/1; 

IB) Chloride: 250 mg/1; 

(C) Manganese: 200 ug/1; 

ID) Nickel: 25 ug/1: 

(E) Nitrate nitrogen: 10 mg/1; 

IF) 2.4-D: 100 ug/1; 

(G) 2.4,5-TP (Silvex): 10 ug/1; 



ill) 



Sulfates: 250 mg/1; 
Water quality standards (maximum 
permissible concentrations) to protect 
human health through water consump- 
tion and fish tissue consumption for 
carcinogens in Class WS-III waters: 
(A) Beryllium: 6.8 ng/1; 

Benzene: 1 . 19 ug/1; 

Carbon tetrachloride: 0.254 ug/1; 

Chlorinated benzenes: 488 ug/1; 

Dioxin: 0.000013 ng/1; 

Hexachlorobutadiene: 0.445 ug/1; 

Polynuclear aromatic hydrocar- 
bons: 2.8 ng/1; 
(H) Tetrachloroethane (1,1,2,2): 



ICJ 
ID) 
ID 
IE) 
IG1 



m 

09 



0.172 ug/1; 

Tetrachloroethylene: 0.8 ug/1; 
Trichloroethylene: 3.08 ug/1; 
Vinyl Chloride: 2 ug/1; 



£L) Aldrin: 0.127 ng/1; 

(M) Chlordane: 0.575 ng/1; 

£N) DDT: 0.588 ng/1: 

(O) Dieldrin: 0.135 ng/1; 

IP) Heptachlor: 0.208 ng/1. 

Statutory Authority G.S. 143-214.1. 

.0216 FRESH SURFACE WATER QUALITY 
STANDARDS FOR WS-rV WATERS 

(a) General. — In addition to the existing classifi - 
cations, — the — Commission — may — classify — certain 
unique and special surface waters of the state as 
outstanding resource waters (ORW) upon finding 
that such waters arc of exceptional s tate or national 
recreational or ecological significance and that the 
waters have exceptional water quality while meet 
ing the following condition s : 

{±j there arc no significant impacts from 

pollution with the water quality rated as 
excellent based on physical, chemical 
or biological informatiort t 

{3} the characteristics which make those 

waters unique and special may not be 

protected by the assigned narrative and 

numerical water quality standards. 

fb) — Outstanding Resource Value s . — In order to 

be clas s ified as ORW, a water body must exhibit 

one or more of the following values or uses to 

demonstrate it is of exceptional state or national 

recreational or ecological significance: 

i+) there are outstanding fish (or commcr 

cially important aquatic species) habitat 
and fisheries; 

{3} there is — aft — unusually high — level of 

water based recreation or the potential 
for such recreation; 

0j the waters have already received some 

special — de s ignation such as a North 
Carolina or National Wild and Scenic 
River, Native or Special Native Trout 
Waters, National Wildlife Refuge, etc, 
which do not provide any water qualit 



quality 



protection; 



f4j the water s represent an important com 

ponent of a state or national park or 
forest; or 

(#3 the waters arc of special ecological or 

scientific significance such as habitat 
for rare or endangered species or an 
areas for research and education. 
(c) Quality Standards for ORW. 

^ Freshwater: — Water quality conditions 

shall clearly maintain and protect the 
outstanding resource values of waters 



2100 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



classified ORW. — Management stratc 
gies to protect resource value s will be 
developed on a site specific basis dur 
ing the proceedings to classify waters as 
ORW. At a minimum, no new dig 



-dis- 



chargcs or expansions of existing 

charges wiH be — permitted, and 

stormwater controls for all new devel 
opment activitie s requiring an Erosion 
and — Sedimentation — Control — Plan — in 
accordance with rules established by the 
NC Sedimentation Control Commission 



local 



-and 



or an appropriate local erosion 
s edimentation control program will be 
required to control s tormwater runoff a s 
follow s : 
(A) — Low Density Option: — Developments 
which — limit single family develop 
menta to one acre lots and other type 
developments to 12 percent built upon 
area, have no stormwater collection 
system as defined in 15A NCAC 2H 
.1002(13), and have built upon areas 
at least 30 feet from surface water 
areas will be deemed to comply with 
this requirement, unless it i s deter 
mined that additional runoff control 
measures arc required to protect the 
water quality of Outstanding Re s ource 
Waters necessary to maintain exi s ting 
and anticipated uses of those waters, 
m — which — ease — sueb — additional 
s tormwater runoff control measures 
may be required on a case by case 
basis- 
High Density Development: — Higher 
density developments will be allowed 
if stormwater control s ystem s utilizing 
wet detention ponds as de s cribed in 
15A NCAC 2H .1003(i), (k) and (1) 
are installed, operated and maintained 
which control the runoff from all 
built upon areas generated from one 
inch of rainfall, unless it i s deter 
mined that additional runoff control 
measures arc required to protect the 
water quality of Outstanding Resource 
Water s necessary to maintain existing 
and anticipated uses of tho s e waters, 
m — which — ease — suefe — additional 
s tormwater runoff control measures 
may bo required on a case by case 
basis. — The size of the control system 
must take into account the runoff 
from any pervious surfaces draining 



m- 



to the system. 

{3) Saltwater: Water quality — conditions 

s hall clearly maintain and protect the 
outstanding resource values of waters 

classified ORW. Management stratc 

gies to protect resource value s will be 
developed on a site s pecific basi s dur - 
ing the proceedings to classify water s as 
ORW. — At a minimum, new develop 
ment will comply with the low density 
options as specified in the Stormwater 
Runoff Disposal rules [15A NCAC 2H 
.1003 (a)(2)] within 575 feet of the 
mean high water line of the designated 
ORW area. New non di s charge permits 
will be required to meet reduced load 
ing rates and increased buffer zones, to 
be determined on a ca s e by ca s e ba s i s . 
No dredge or fill activities — will be 
allowed where s ignificant shellfish or 
s ubmerged aquatic vegetation bed re 
sources occur, except for maintenance 
dredging, such as that required to main 
tain access to existing channel s and 
facilitie s located within the designated 
area s — ef — maintenance — dredging — for 
activities such as agriculture. — A public 
hearing is mandatory for any proposed 
permits to di s charge to water s cla s sified 
a s ORW. 



Additional 



-wiU 



actions to protect resource values 
be considered on a site specific basis during the 
proceedings to classify waters as ORW and will be 
s pecified in Paragraph (c) of thi s Rule. — These 
actions may include anything within the powers of 
the commission. The commission will also consid 
cr local actions which have been taken to protect 
a water body in determining the appropriate s tate 
protection option s . — De s criptions of boundaries of 
waters classified as ORW arc included in Para 
graph (e) of thi s Rule and in the Schedule of 
Cla ss ifications (15A NCAC 2B .0302 through 
.0317) as specified for the appropriate river basin 
and will also be described on maps maintained by 
the Division of Environmental Management. 

(d) — Petition Process. — Any person may petition 
the Commission to cla s sify a surface water of the 
s tate a s an ORW. — The petition shall identify the 
exceptional re s ource value to be protected, address 
how the water body meets the general criteria in 
Paragraph (a) of this Rule, and the s ugge s ted 
action s to protect the resource values. — The Com 
mission may request additional s upporting informa 
tion from the petitioner. — The Commission or its 
designee will initiate public proceedings to classify 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2101 



PROPOSED RULES 



water s as ORW or will inform the petitioner that 
the waters do not meet the criteria for ORW with 
an explanation of the basis for this decision. The 
petition shall be sent to: 

Director 

DEHNR/Di vi s ion of Environmental Management 

P.O. Box 29535 

Raleigh, North Carolina 27626 0535 

The envelope containing the petition shall clearly 

bear the notation: RULE MAKING PETITION 

FOR ORW CLASSIFICATION. 

(e) Listing of Water s Cla ss ified ORW with 

Specific Action s . — Water s clas s ified as ORW with 
s pecific action s to protect exceptional resource 
values arc listed as follows: 

{ij Roo s evelt — Natural — Area — [White — 9ak 

River Basin, Index Nos. 20 36 9.5 (1) 
and 20 36 9.5 (2)] including all fresh 
and saline water s within the property 
boundaries of the natural area will have 
only new development which complies 
with the low den s ity — option in the 
stormwatcr rules as specified in 15A 
NCAC 2H .1003(a)(2) within 575 feet 
of the Roo s evelt Natural Area (if the 
development site naturally drain s to the 
Roosevelt Natural Area). 

(3) Chattooga River ORW Area (Little 

Tennessee River Basin and Savannah 
River Drainage Area): — the following 
undesignated watcrbodic s that are tribu 
tary to ORW de s ignat e d s e gments s hall 
comply with Paragraph (c) of this Rule 
in order to protect the designated wa 
tcrs as per Rule .0203 of this Section. 
However, — expansions of existing dis 
charges to the s e segments will be al 
lowed if there is no increase in pollut 
ant loading: 
{A) — North and South Fowler Creeks, 
(B) — Green and Norton Mill Creeks, 
{€) — Cane Creek, 
{©) — Ammon s Branch, 
(E-) — Glade Creek, and 
{F) — As s ociated tributaries. 

<Z) Henry Fork ORW Area (Catawba River 

Ba s in) : the — following undesignated 

watcrbodic s that are tributary to ORW 
designated segments shall comply with 
Paragraph (c) of this Rule in order to 
protect the designated water s a s p e r 
Rule .0203 of this Section: 
(A) — Ivy Creek, 
fB) — Rock Creek, and 
{€-) — Associated tributarie s . 



(4) South Fork Now and New Rivera ORW 

Area [Now River Basin (Index Nos. 10 - 
1 33.5 and 10)]: the following manage 
ment strategics, in addition to the dis - 
charge requirements specified in Rule 
.0216(c)(1), will be applied to protect 
the designated ORW areas: 
{A) — Stormwatcr controls described in Rule 
.0216(c)(1) will apply within one mile 
and draining to the designated ORW 
areas; 
(B) — New or expanded NPDES permitted 
wastewater — discharges — located — up- 
s tream of the designated ORW will be 
permitted — sueh — that — the — following 
water quality standard s arc maintained 
in the ORW segment: 

fy the — tetal — volume — ef — treated 

wastewater for all upstream dis 
charges combined will not exceed 
50 percent of the total instrcam 
flew — ifl — the — designated — ORW 
under 7Q10 condition s ; 

fit) a safety factor will be applied to 

any chemical allocation such that 
the effluent limitation for a specif - 
ic chemical constituent will be the 
more s tringent of cither the limita 
tion allocated under design condi ' 
tions (pursuant to 15A NCAC 2B 
.0206) for the normal standard at 
the point of discharge, — or the 
limitation allocated under de s ign 
conditions for one half the normal 
standard at the upstream border of 
the ORW segment; 
{mj — a s afety factor will be applied to 

any discharge ef- complex 

wa s tewater (those containing or 
potentially containing toxicants) to 
protect for chronic toxicity in the 
ORW — segment — by — setting — the 
whole effluent toxicity limitation 
at — the — high e r — (more — stringent) 
p e rcentage — effluent — determine d 
under design conditions (pursuant 
to 15A NCAC 2B .0206) for 
cither the in s trcam effluent con 
ccntration — at the point of dia 
charge or twice the effluent con 
ccntration — calculated — as — if the 
discharge were at the up3trca a 
border of the ORW segment; 
{€} — New or expanded NPDES permitted 
wastewater — di s charge s — located — »p- 



2102 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



m- 



stream of the disignatcd ORW will 
comply with the following: 

{t) Oxygen Consuming Wastes : 

Effluent — limitations — wiH — bo as 
follows: BOD - 5 mg/1, and 
NII3 N - 2 mg/1; 

{«) Total — Suspended — Solid s : Bis- 

charges of total suspended solids 
(TSS) will be limited to effluent 
concentrations — ef- — W — mg/1 — fef 
trout waters and to 20 mg/1 for 
all other waters; 



(iii) E 



mergency Requirements : 

Failsafe treatment de s igns will be 

employed, including stand by 

power capability for entire treat 
ment works, dual train design for 
aH — treatment — components, — ef 
equivalent fail s afe treatment do 
s ign s ; 

fiv) — Nutrients: Where nutrient 

ovcrcnrichmcnt is projected to be 
a — concern, — appropriate — effluent 
limitations will be s et for phos 
phoru s or nitrogen, or both. 

{§) Old Field Creek (New River Basin): 

the undesignated portion of Old Field 
Creek (from its source to Call Creek) 
shall comply with Rule .0216(c) of thi s 
Section in order to protect the designat 
od waters as per Rule .0203 of this 
Section. 



-tJn 



-fe+k 



fi tfre tollowing designated 

waterbodies, no additional restrictions 

will bo placed on new or expanded 

marinas. — The only new or expanded 

NPDES permitted di s charges that will 

be — allowed — wiH — be — non domestic, 

non process industrial discharges. 

(A) — The Alligator River Area (Pasquotank 

River — Basin) — extending — from — the 

source of the Alligator Rivor to the 

Ut&. — Highway — 64 — bridge — including 

New Lake Fork, North West Fork 

Alligator River, Juniper Crock, South 

west — Fork — Alligator — River, — Scouts 

Bay, Gum Neck Crock, Georgia Bay, 

Winn — Bay; — Stumpy — Creek — Bay; 

Stumpy Creek, Swarm Crock (Swann 

Crock Lake), Whipping Creek (Whip 

ping — Creek — Lake), — Grapevine — Bay; 

Rattlesnake — Bay; — The — Straits, — The 

Frying Pan, Coopers Creek, Babbitt 

Bay; — Goose Creek, Milltail Crock, 

Boat Bay, Sandy Ridgo Gut (Sawyer 



Lake) and Second Creek, but cxclud 
ing the Intmcoastal Waterway (Pungo 
River Alligator River Canal) and all 
other tributary streams and canals. 

£7-) I-h th-e following designated 

waterbodies, the only type of new or 
expanded marina that will be allowed 
will be those marinas located in upland 
basin areas, or those with le ss than 30 
s lip s , having no boats over 21 feet in 
length and no boats with heads. — The 
only new or expanded NPDES perm it- 
ted di s charges that will be allowed will 
be non dome s tic, non process indu s trial 
discharges. 
(A) — The Northeast Swanquartcr Bay Area 
including all waters northeast of a line 
from a point at Lat. 35° 23' 51" and 
Long. 76° 21' 02" thenee southeast 
along the Swanquartcr National Wild 
life Refuge hunting closure boundary 
(as defined by the 1935 Pre s idential 
Proclamation) to Drum Point. 
fB) — The Nouse Southeast Pamlico Sound 
Area (Southeast Pamlico Sound Area 
(Southeast Pamlico Sound Section of 

the Southeast Pamlico, — Core and 

Back — Sound — Area); — (Ncusc — River 
Basin) including all waters within an 
area defined by a line extending from 
the southern shore of Oeraeoke Inlet 
northwe s t to the Tar Pamlico River 
and Ncusc River basin boundary, then 
southwest to Ship Point. 
{€) — The Core Sound Section of the South 
cast Pamlico, Core and Back Sound 
Area (White Oak Rivor Basin), in 
eluding all waters of Core Sound and 
its tributarie s , but excluding Nelson 
Bay, Little Port Branch and Atlantic 
Harbor at its mouth, and those tribu 
tarios of Jarrctt Bay that arc closed to 
shcllfishing. 
{©) — The Western Boguc Sound Section of 
the Western Boguc Sound and Bear 
I s land Area (White Oak River Basin) 
including all waters within an area 
defined by a line from Boguc Inlet to 
the mainland at SR 1117 to a line 
across Boguc Sound from the south 
west side of Gales Creek to Rock 
Point, including Taylor Bay and the 
Intmcoastal Waterway. 
fE) — The Stump Sound Area (Cape Fear 
River Basin) including all waters of 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2103 



PROPOSED RULES 



Stump Sound and Alligator Bay from 
marker Number 17 to the western end 
ef- — Pcrmuda — I s land, — btrt — excluding 
Rogers Bay, the Kings Creek Restrict 
cd Area and Mill Creek. 
(F-) — The Topsail Sound and Middle Sound 
Area (Cape Fear River Basin) includ 
ing all estuarinc waters from New 
Top s ail Inlet to Mason Inlet, including 
the Intracoastal Waterway and How e 
Creek, but e xcluding Pages Creek and 
Futch Creek. 



m- 



hH the following de s ignated 

watcrbodics, — ho — new — of — expanded 
NPDES permitted discharges and only 
new or expanded marinas with less than 
30 slips, having no boats over 21 feet 
in length and no boats with heads will 
be allowed. 
(A) — The Swanquarter Bay and Juniper Bay 
Area (Tar Pamlico River Basin) in 
eluding all waters within a line begin 
ning at Juniper Bay Point and running 
south — sad — then west — below — Great 
Island, then northwe s t to Shell Point 
and including Shell Bay, Swanquarter 
and Juniper Bays and their tributarie s , 
but excluding all waters northeast of 
a line from a point at Lat. 35° 23' 
51" and Long. 76° 21' 02" thence 
southeast — along — the — Swanquarter 
National — Wildlife — Refuge — hunting 
closure boundary (as defined by the 
1935 — Presidential — Proclamation) — t© 
Drum Point and also excluding the 
Blowout — Canal, — Hydeland — Canal, 
Juniper Canal and Quarter Canal. 
4W) — The Back Sound Section of the South 
cast Pamlico, Core and Back Sound 
Area (White Oak River Basin) includ 
ing that area of Back Sound extending 

from Core Sound west along 

Shacklcford Banks, then north to the 
western most point of Middle Marsh 
cs and along the northwest shore of 
Middle Marshes — (to include all of 
Middle Marshe s ), then we s t to Ru s h 
Point on Harker' s I s land, and along 
the southern shore of Harkcr's Island 
back to Core Sound. 
{Gj — The Bear Island Section of the West 
ern Bogue Sound and Bear I s land 
Area (White Oak River Basin) includ 
ing all waters within an area defined 
by a line from the western most point 



on Bear Island to the northeast mouth 
of Goose Creek on the mainland, coat 
te — the southwest mouth of Qucca 
Creek, then south to green marker 
No. 4 9, then northeast to the northern 
most point on Huggin3 Island, then 
southeast — along — the — shoreline — ef 
Huggins I s land to the southeastern 
mo s t point of Huggins Island, then 
south to the northeastern mo s t point 
e« — Dudley — Island, — thee — southwest 
along the shoreline of Dudley Island 
to the eastern tip of Bear Island. 
{£>) — The Masonboro Sound Area (Cape 
Fear River Basin) including all waters 
between the Barrier Islands and the 
mainland from Carolina Beach Inlet to 
Masonboro Inlet. 



m- 



Black and South Riv 



ORW 



lvcrs ukw — Area 

(Cape Fear River Basin) [Index No s . 

18 68 (0.5), 18 6 8 (3.5), 18 68 (11.5), 

1 8 68 12 (0.5), 18 68 12 (11.5), and 

18 68 2]: — the — following — management 

strategics, in addition to the discharge 

requirements specified in Subparagraph 

(c)(1) of this Rule, will be applied to 

protect the designated ORW areas: 

fA) — Storm water — controls — described — m 

Subparagraph (c)(1) of this Rule will 

apply within one mile and draining to 

the de s ignated ORW areas; 

{&) — New or expanded NPDES permitted 

wastewater — di s charge s — located — eae 

mile up s tream of the stream segments 

designated ORW — (up s tream on the 

de s ignated mainstcm — and upstream 

into direct tributaries to the designated 

mainstcm) will comply with the fol 

lowing discharge restrictions: 

{*) Oxyg e n Con s uming Wastes : 

Effluent — limitations — wiH — be as 
follows: — BOD — = — 5 — mg>4 — asd 
NH3 N = 2 mg/1; 

f«3 Total — Suspended — Solids: D»- 

charges of total suspended solids 
(TSS) will be limited to effluent 
concentrations of 20 mg/1; 

im) — Emergency Requirements: 

Failsafe treatment designs will b e 

employed, including s tand by 

power capability for entire treat 
ment works, dual train design for 
aH — treatment — components, — ef 
equivalent failsafe treatment de 
s ign s ; 



2104 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



fiv) — Nutrients: Where nutrient 

ovorenrichment is projected to be 
a — concern, — appropriate — effluent 
limitations will be s et for phos 
phorus or nitrogen, or both, 

fv) Toxic sub s tances: In cases where 

complex discharges — (those con 
taining or potentially containing 
toxicants) may be currently pros 
cnt in — the discharge, — a — safety 
factor — w+H — be — applied — te — any 
chemical or whole effluent toxici 

ty allocation. The limit for a 

s pecific chemcial constituent will 
be allocated at one half of the 
normal standard at design condi 
tion3. Whole effluent toxicity will 
be allocated to protect for chronic 
toxicity at an effluent conccntra 
tion equal to twice that which is 
acceptable — under — flew — de s ign 
criteria (pursuant to 15A NCAC 
2B .0206). 
The following water quality standards apply to 
surface water supply waters that are classified WS- 
IV. Water quality standards applicable to Class C 
waters as describe in Rule .0211 of this Section 
also apply to Class WS-IV waters. 
(1) Best Usage of Waters. Source of water 
supp ly for drinking, culinary, or 
food-processing purposes for those users 
where a more protective WS-I, WS-II or 
WS-IH classification is not feasible and 
any other best usage specified for Class 
C waters. 

Wa- 



{2} 



Conditions Related to Best Usage, 
ters of this class are protected as water 
supplies which are generally in moderate- 
ly_ to highly developed watersheds or 
protected areas; discharges which qualify 
for a General Permit pursuant to 15A 
NCAC 2H .0127, trout farm discharges, 
recycle (closed loop) systems that only 
discharge in response to 10-year storm 
events, other storm water discharges and 
domestic wastewater discharges are al- 
lowed in the protected and critical areas; 
treated industrial wastewater discharges 
are allowed in the protected and critical 
areas; however, new industrial 
wastewater discharges in the critical area 
are required to meet the provisions of 
15A NCAC 2B .0201(d)(l)(B)(iv). {v} 
and (vii), and 15A NCAC 2B .0203; new 
industrial connections and expansions to 



existing municipal discharges with a 
pretreatment program pursuant to 15A 
NCAC 2H .0904 are allowed; the waters, 
following treatment required by the Divi- 
sion of Environmental Health, will meet 
the Maximum Contaminant Level concen- 
trations considered safe for drinking, 
culinary, or food-processing purposes 
which are specified in the national drink- 
ing water regulations and in the North 
Carolina Rules Governing Public Water 
Supplies, 15A NCAC 18C .1500; sources 
of water pollution which preclude any of 
these uses on either a short-term or 
long-term basis will be considered to be 
violating a water quality standard. 
Quality Standards A pplicable to Class 
WS-IV Waters: 
Sewage, industrial wastes, non-process 
industrial wastes, or other wastes: 
none except for those specified in Item 
£2} of this Rule and Ryje .0104 of this 
Subchapter; and none which will have 
an adverse effect on human health or 
which are not effectively treated to the 
satisfaction of the Commission and in 
accordance with the requirements of the 
Division of Environmental Health, 
North Carolina Department of Environ- 
ment, Health, and Natural Resources; 
any discharges or industrial users sub- 
ject to pretreatment standards may be 
required by the Commission to disclose 
all chemical constituents present or 
potentially present in their wastes and 
chemicals which could be spilled or be 
present in runoff from their facility 
which may have an adverse impact on 



0] 

(a) 



downstream water su pplies; these facili- 
ties may be required to have spill and 
treatment failure control plans as well 
as perform special monitoring for toxic 
substances; 
(b) Nonpoint Source and Stormwater Pollu- 
tion: none that would adversely impact 
the waters for use as water supply or 
any other designated use; 
(i) Nonpoint Source and Stormwater 
Pollution Control Criteria For Entire 
Watershed or Protected Area: 
(A) Low Density Option: Develop- 
ment activities which require a 
Sedimentation/Erosion Control 



Plan 



accordance with 15A 



NCAC 4 established by the North 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2105 



PROPOSED RULES 



Carolina Sedimentation Control 
Commission or approved local 
government programs as delegated 
by the Sedimentation Control 
Commission must be limited to no 
more than either: two dwelling 
units per acre or 24 percent 
built-upon on area; or three dwell- 
ing units per acre or 36 percent 
built-upon area for projects with- 
out curb and gutter street system 
in the protected area outside of 
critical area; 

(B) High Density Option: If new 
development activities which 
require a Sedimentation/Erosion 
Control Plan exceed the require- 
ments of Sub-Item (3)(b)(i)(A) of 
this Rule then development must 
control the runoff from the first 
inch of rainfall; new development 
not to exceed 70 percent 
built-upon area; 

(Q Land within the critical and pro- 
tected area will be deemed com- 
pliant with the density require- 
ments if the following two condi- 
tions are met: The density of all 
existing development at the time 
of reclassification meets the densi- 
ty_ requirement when densities are 
averaged throughout the entire 
area; All new development meets 
these density requirements on a 
project-by-project basis; 

(D) Clustering of development is 
allowed on a project-by-project 
basis as follows: Overall density 
of the project meets associated 
density or storm water control 
requirements; Built-upon areas are 
designed and sited to minimize 
storm water runoff impact to the 
receiving waters and minimizes 
concentrated storm water flow; 
Remainder of tract to remain in 
vegetated or natural state; 

(E) If local governments choose the 
high density development option 
which requires engineered 
storm water controls, then they 
will assume ultimate responsibility 
for operation and maintenance of 
the required controls as outlined 
in Rule .0104(f) of this Subchap- 



ID 



1G] 



ten 

Minimum 100 foot vegetative 
buffer is required for all new 
development activities that exceed 
the low density option require- 
ments as specified in Sub-Item 
(3)(b)(i)(A) or Sub-Item 
(3)fb)(i)(A) of this Rule, other- 
wise a minimum 30 foot vegeta- 



tive buffer for development is 
required along all perennial wa- 
ters indicated on the most recent 
versions of U.S.G.S. 1:24.000 
(7.5 minute) scale topographic 
maps or as determined by local 
government studies; nothing in 
this Section shall stand as a bar to 
desirable artificial streambank 
shoreline stabilization; 
No new development is allowed in 
the buffer; water dependent struc- 



tures, and public projects such as 
road crossings and greenways 
may be allowed where no practi- 
cable alternative exists; these 
activities shall minimize 
built-upon surface area, divert 
runoff away from surface waters 
and maximize the utilization of 
BMPs; 
(H) Maintain inventory of all hazard- 



inl 



ous materials used and stored in 
the watershed or protected area; 
spill/failure containment plan and 
appropriate safeguards against 
contamination are required; waste 
minimization and appropriate 
recycling of materials is encour- 
aged; 
Critical Area Nonpoint Source and 
Storm water Pollution Control Crite- 
ria: 
(A) Low Density Option: New devel- 



opment activities which require a 
Sedimentation/Erosion Control 
Plan in accordance with 15A 
NCAC 4 established by the North 
Carolina Sedimentation Control 
Commission or a pproved local 
government programs as delegated 
by the Sedimentation Control 
Commission must be limited to no 
more than two dwelling units per 
acre or 24 percent built-upon 
area; 



2106 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



isl 



Id) 



isl 
® 

Is) 



(B) High Density Option: If new 
development density exceeds 
either two dwelling units per acre 
or 24 percent built-upon area then 
engineered storm water controls 
must be used to control runoff 
from the first inch of rainfall; new 
development not to exceed 50 
percent built-upon area; 

(C) No new permitted sites for land 
a pplication of sludge/residuals or 
petroleum contaminated soils are 
allowed; 

(D) No new landfills are allowed; 
Odor producing substances contained in 
sewage, industrial wastes, or other 
wastes : only such amounts, whether 
alone or in combination with other 
substances or waste, as will not cause 
taste and odor difficulties in water 
su pplies which can not be corrected by 
treatment, impair the palatability of 
fish, or have a deleterious effect upon 
any best usage established for waters of 
this class; 

Phenolic compounds: not greater than 
1.0 ug/1 (phenols) to protect water 



human health through water consump- 
tion and fish tissue consumption for 
carcinogens in Class WS-IV waters: 
(A) Beryllium: 6.8 ng/1; 

Benzene: 1.19 ug/1; 

Carbon tetrachloride: 0.254 ug/1; 

Chlorinated benzenes : 488 ug/1; 



IE) 
IC) 
ID) 
IE) 
IE) 
IG) 

Iffi 

ID 
lii 
IK) 
IL) 

IM) 
IN) 

IQ) 

IE) 



Dioxin: 0.000013 ng/1; 
Hexachlorobutadiene: 0.445 ug/1; 
Polynuclear aromatic hydrocar- 
bons: 2.8 ng/1; 

Tetrachloroethane (1,1,2,2): 
0.172 ug/1: 

Tetrachloroethylene: 0.8 ug/1; 
Trichloroethvlene: 3.08 ug/1; 
Vinyl Chloride: 2 ug/1; 
Aldrin: 0.127 ng/1; 
Chlordane: 0.575 ng/1; 
DDT: 0.588 ng/1: 
Dieldrin: 0.135 ng/1; 
Heptachlor: 0.208 ng/1. 



Statutory Authority G.S. 143-214.1. 

.0218 FRESH SURFACE WATER QUALITY 
STANDARDS FOR CLASS WS-V 
WATERS 

Variance s from applicable standards, revi s ion s to 
water — quality — standards — er — site specific — water 
quality s tandard s may be granted by the Commi s 
s ion on a case by case basis pursuant to General 
Statutes 113 215.3(c), 143 211.3 or 113 214.1. A 



su pplies from taste and odor problems 
due to chlorinated phenols: specific 
phenolic compounds may be given a 
different limit if" it is demonstrated not 
to cause taste and odor problems and 
not to be detrimental to other best listing of existing variances will be maintained and 



usage; 

Total hardness: 



not greater than 100 

mg/1 as calcium carbonate; 

Total dissolved solids: not greater than 

500 mg/1: 

Toxic and other deleterious substances: 
(i) Water quality standards (maximum 
permissible concentrations) to protect 
human health through water consump- 
tion and fish tissue consumption for 
non-carcinogens in Class WS-IV 
waters: 

(A) Barium: 1 .0 mg/1; 

IB) Chloride: 250 mg/1; 

(C) Manganese: 200 ug/1; 

ID) Nickel: 25 ug/1: 

(E) Nitrate nitrogen: 10.0 mg/1; 

IF) 2,4-D: 100 ug/1; 

IG) 2,4,5-TP (Silvex): 10 ug/1: 

(H) Sulfates: 250 mg/1; 
lii) Water quality standards (maximum 
permissible concentrations') to protect 



made available to the public by the Divi s ion. 
Exemption s established pursuant to this Rule will 
be reviewed as part of the Triennial Review of 
Water Quality Standard s conducted pur s uant to 4 
CFR 131.10(g). 

The following water quality standards apply to 
surface water supply waters that are classified WS- 
V Water quality standards applicable to Class C 
waters as described in Rule .021 1 of this Section 
also apply to Class WS-V waters. 
(1) Best Usage of Waters. Waters protected 
as water supplies which are generally 
upstream and draining to Class WS-IV 
waters or waters previously used for 
drinking water supply purposes; no cate- 
gorical restrictions on watershed develop- 
ment or wastewater discharges are re- 
quired, however, the Commission or its 
designee may app ly a ppropriate manage- 
ment requirements as deemed necessary 
for the protection of waters downstream 
of receiving waters (15A NCAC 2B 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2107 



PROPOSED RULES 



.0203); suitable for all Class C uses, 

(2) Conditions Related to Best Usage. Wa- 
ters of this class are protected water 
supplies; the waters, following treatment 
required by the Division of Environmen- 
tal Health, will meet the Maximum Con- 
taminant Level concentrations considered 
safe for drinking, culinary. or 
food-processing purposes which are 
specified in the national drinking water 
regulations and in the North Carolina 
Rules Governing Public Water Supplies, 
15A NCAC 18C .1500; sources of water 
pollution which preclude any of these 
uses on either a short-term or long-term 
basis will be considered to be violating a 
water quality standard. 

(3) Quality Standards Applicable to Class 
WS-V Waters: 

(a) Sewage, industrial wastes, non-process 
industrial wastes, or other wastes : 
none which will have an adverse effect 
on human health or which are not 
effectively treated to the satisfaction of 
the Commission and in accordance with 
the requirements of the Division of 
Environmental Health, North Carolina 
Department of Environment, Health, 
and Natural Resources; any discharges 
or industrial users subject to pretreat- 
ment standards may be required by the 
Commission to disclose ail chemical 
constituents present or potentially pres- 
ent in their wastes and chemicals which 
could be spilled or be present in runoff 
from their facility which may have an 
adverse impact on downstream water 
supplies; these facilities may be re- 
quired to have spill and treatment fail- 
ure control plans as well as perform 
special monitoring for toxic substances; 

(b) Nonpoint Source and Stormwater Pollu- 
tion: none that would adversely impact 
the waters for use as water supply or 
any other designated use; 

(c) Odor producing substances contained in 
sewage, industrial wastes, or other 
wastes: only such amounts, whether 
alone or in combination with other 
substances or waste, as will not cause 
taste and odor difficulties in water 
supplies which can not be corrected by 
treatment, impair the palatability of 
fish, or have a deleterious effect upon 
any best usage established for waters of 



this class; 



(d) Phenolic compounds: not greater than 
1.0 ug/1 (phenols') to protect water 
supplies from taste and odor problems 
due to chlorinated phenols; specific 
phenolic compounds may be given a 
different limit if it is demonstrated not 
to cause taste and odor problems and 
not to be detrimental to other best 
usage; 

(e) Total hardness: not greater than 100 
mg/1 as calcium carbonate; 

(f) Total dissolved solids: not greater than 
500 mg/1; 

(g) Toxic and other deleterious substances: 
(i) Water quality standards (maximum 

permissible concentrations) to protect 
human health through water consump- 
tion and fish tissue consumption for 
non-carcinogens in Class WS-V wa- 
ters: 

Barium: 1.0 mg/1; 
Chloride: 250 mg/1: 
Manganese: 200 ug/1; 



IA) 

IQ 

im 
im 

IQ 
iffi 



Nickel: 25 ug/1; 

Nitrate nitrogen: 10.0 mg/1; 

2.4-D: 100 ug/1: 



2.4.5-TP (Silvex): 10 ug/1: 

Sulfates: 250 mg/1. 
(ii) Water quality standards (maximum 
permissible concentrations) to protect 
human health through water consump- 
tion and fish tissue consumption for 
carcinogens in Class WS-V waters: 



IA) 

im 

IQ 

ID} 

IE) 
ID 
IQ 

Iffi 

ID 
01 

m 

ID 
IM) 

Iffi 

IQ 

im 



Beryllium: 6.8 ng/1; 
Benzene: 1.19 ug/1; 
Carbon tetrachloride: 0.254 ug/1; 
Chlorinated benzenes: 488 ug/1; 



Dioxin: 0.000013 ng/1; 
Hexachlorobutadiene: 0.445 ug/1: 
Polynuclear aromatic hydrocar- 
bons: 2.8 ng/1; 

Tetrachloroethane (1.1.2.2): 
0.172 ug/1: 

Tetrachloroethylene: 0.8 ug/1; 
Trichloroethylene : 3.08 ug/1; 
Vinyl Chloride: 2 ug/1; 
Aldrin: 0.127 ng/1; 
Chlordane: 0.575 ng/1; 
DDT: 0.588 ng/1: 
Dieldrin: 0.135 ng/1; 
Heptachlor: 0.208 ng/1. 



Statutory Authority G.S. 143-214.1; 143-214.3; 
143-21 5. 3(e). 



2108 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



.0219 FRESH SURFACE WATER QUALITY 
STANDARDS FOR CLASS B WATERS 

(a) In implementing the water quality standards 
t o protect the existing uses [as defined by Rule 
.0202(16) of this Section] of the waters of the state 
or the water quality which supports those u s es, the 
Commission shall develop water quality manage 
ment plans on a priority basis to attain, maintain 
or enhance water quality throughout the state- 
Additional specific actions deemed neces s ary by 
the Commission to protect the water quality or the 
existing uses of the waters of the state will be 
specified in Paragraph (b) of this Rule. — The s e 
actions may include anything within the powers of 

the Commission. The — Commission may — olse 

consider local actions which have been taken to 
protect a watcrbody in determining the appropriate 
protection option s to be incorporated into the water 
quality management plan. 

(b) All waters determined by the Commission to 
be protected by a water quality management plan 
arc listed with specific actions as follows: 

f±} The — Lockwoods — Folly — River — Afea 

(Lumber River Basin), which includes 

aH — waters — of the — lower — Lockwoods 

Folly River in an area extending north 

from the Intracoa3tal Waterway to a 

line extending from Genocs Point to 

Mullet Crock, will be protected by the 

specific actions described in Subpara 

graph s (A) through (E) of this Rule. 

(A) — New — development — activitie s — within 

575' of the mean high water line 

which require a Sedimentation Ero 

s ion Control Plan or a CAMA major 

development permit must comply with 

the low density option of the coastal 

Stormwatcr Runoff Di s posal Rule s [as 

specified m tSA N€A€ 2H 

■ 1003(a)(2)]. 
{B} — New or expanded NPDES permits 
will bo issued only for non domestic, 
non industrial process type discharges 
(such as non indu s trial process cool 
ing or seafood proce s sing discharges) . 
A public hearing is mandatory for any 
proposed (new or expanded) NPDES 
permit to this protected area. 
{€) — Now non discharge permits will be 
required to meet reduced loading rate s 
and increased — buffer zones, — t© — be 
determined on a case by case basi s . 
fD) — Now or expanded marinas must be 

located in upland basin areas. 
(E) — No dredge or fill activities will be 



allowed where s ignificant shellfish or 
submerged — aquatic — vegetation — bed 
resources occur, exc e pt for maintc 
nance dredging, s uch as that required 
to maintain access to existing channels 
and facilities located within the pro - 
tected area or maintenance dredging 
for activities such as agriculture. 
The following water quality standards apply to 
surface waters that are for primary recreation, 
including frequent or organized swimming and are 
classified as Class B waters. Water quality stan- 
dards applicable to Class C waters as described in 
Rule .0211 of this Section also apply to Class B 
waters. 

(1) Best Usage of Waters. Primary recre- 
ation and any other best usage specified 
by the "C" classification; 

(2) Conditions Related to Best Usage. The 
waters will meet accepted standards of 
water qualify for outdoor bathing places 
and will be of sufficient size and depth 
for primary recreation purposes. Sources 
of water pollution which preclude any of 
these uses on either a short-term or 
long-term basis will be considered to be 
violating a water quality standard; 
Quality standards applicable to Class B 
waters: 

Sewage, industrial wastes, or other 
wastes: none which are not effectively 
treated to the satisfaction of the Com- 



m 



(a) 



m 



mission; in determining the degree of 
treatment required for such waste when 
discharged into waters to be used for 
bathing, the Commission will consider 
the quality and quantity of the sewage 
and wastes involved and the proximity 
of such discharges to waters in this 
class; discharges in the immediate 
vicinity of bathing areas may not be 
allowed if the Director determines that 
the waste can not be reliably treated to 
ensure the protection of primary recre- 
ation; 

Organisms of coliform group: fecal 
coliforms not to exceed geometric mean 
of 200/100 ml (MF count) based on at 
least five consecutive samples examined 
during any 30-day period and not to 
exceed 400/100 ml in more than 20 
percent of the samples examined during 
such period. 



Statutory Authority G.S. 143-214.1; 143-21 5. 3(a)(1). 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2109 



PROPOSED RULES 



.0220 TIDAL SALT WATER QUALITY 
STANDARDS FOR CLASS SC 
WATERS 

General. The water quality standards for all tidal 
salt waters are the basic standards applicable to 
Class SC waters. Additional and more stringent 
standards applicable to other specific tidal salt 
water classifications are specified in Rules .0221 
and .0222 of this Section. 

(1) Best Usage of Waters. Aquatic life 
propagation and maintenance of biologi- 
cal integrity (including fishing, fish and 
functioning PNAs), wildlife, secondary 
recreation, and any other usage except 
primary recreation or shellfishing for 
market purposes. 

(2) Conditions Related to Best Usage. The 
waters will be suitable for aquatic life 
propagation and maintenance of biologi- 
cal integrity, wildlife, and secondary 
recreation; Any source of water pollution 
which precludes any of these uses, in- 
cluding their functioning as PNAs, on 
either a short-term or a long-term basis 
will be considered to be violating a water 
quality standard. 

(3) Quality standards applicable to all tidal 
salt waters: 

(a) Chlorophyll a (corrected) : not greater 
than 40 ug/1 in sounds, estuaries, and 
other slow-moving waters; the Commis- 
sion or its designee may prohibit or 
limit any discharge of waste into sur- 
face waters if^ in the opinion of the 
Director, the surface waters experience 
or the discharge would result in 
growths of microscopic or macroscopic 
vegetation such that the standards estab- 
lished pursuant to this Rule would be 
violated or the intended best usage of 
the waters would be impaired; 

(b) Dissolved oxygen: not less than 5.0 
mg/1, except that swamp waters, poorly 
flushed tidally influenced streams or 
embayments, or estuarine bottom wa- 
ters may have lower values if caused by 
natural conditions; 

(c) Floating solids; settleable solids; sludge 
deposits: only such amounts attribut- 
able to sewage, industrial wastes or 
other wastes, as will not make the 
waters unsafe or unsuitable for aquatic 
life and wildlife, or impair the waters 
for any designated uses; 

(d) Gases, total dissolved: not greater than 



110 percent of saturation; 
(e") Organisms of coliform group: fecal 
coliforms not to exceed geometric mean 
of 200/100 ml IMF count} based upon 
at least five consecutive samples exam- 



ill 



Lgl 



mi 



m 



ined during any 30 day period; not to 
exceed 400/100 ml in more than 20 
percent of the samples examined during 
such period; violations of the fecal 
coliform standard are expected during 
rainfall events and, in some cases, this 
violation is expected to be caused by_ 
uncontrollable nonpoint source pollu- 
tion; all coliform concentrations are to 
be analyzed using the MF technique 
unless high turbidity or other adverse 
conditions necessitate the rube dilution 
method; in case of controversy over 
results the MPN 5-tube dilution method 
will be used as the referee method; 
Oils; deleterious substances; colored or 
other wastes: only such amounts as 
will not render the waters injurious to 
public health, secondary recreation or 
to aquatic life and wildlife or adversely 
affect the palatability of fish, aesthetic 
quality or impair the waters for any 
designated uses; for the purpose of 
implementing this Rule, oils, deleteri- 
ous substances, colored or other wastes 
will include but not be limited to sub- 
stances that cause a film or sheen upon 
or discoloration of the surface of the 
water or adjoining shorelines pursuant 
to 40 CFR 110.4(a)-(b): 
pH: will be normal for the waters in 
the area, which generally will range 
between 6.8 and 8.5 except that swamp 
waters may have a p_H as low as 4^3 if 
H is the result of natural conditions; 
Phenolic compounds: only such levels 
as will not result in fish-flesh tainting 
or impairment of other best usage; 
Radioactive substances: 
(i) Combined radium-226 and 
radium-228: The maximum average 
annual activity level (based on at least 
four samples, collected quarterly) for 
combined radium-226, and 
radium-228 will not exceed five 
picoCuries per liter; 
Alpha Emitters. The average annual 
gross alpha particle activity (including 
radium-226, but excluding radon and 
uranium) will not exceed .15 



mi 



2110 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



mil 



picoCuries per liter; 

Beta Emitters. The maximum aver- 



age annual activity level (based on at 
least four samples, collected quarter- 
ly) for strontium-90 will not exceed 
eight picoCuries per liter: nor shall 
the average annual gross beta particle 
activity (excluding potassium-40 and 
other naturally occurring 
radio-nuclides) exceed 50 picoCuries 
per liter: nor will the maximum aver- 
age annual activity level for tritium 
exceed 20,000 picoCuries per liter: 
(j) Salinity: will not be appreciably modi- 

fied as a result of hydrological modifi- 
cations in areas draining to PNAs: 
projects which are determined by the 
Director to result in the a ppreciable 
modification of salinity within a PNA 
will be required to employ a ppropriate 
water management practices: 
(k) Temperature: will not be increased 
above the natural water temperature by 
more than 0.8 degrees C (1.44 degrees 
FJ during the months of June, July, and 
August nor more than 2.2 degrees C 
(3.96 degrees F] during other months 
and in no cases to exceed 32 degrees C 
(89.6 degrees F) due to the discharge of 
heated liquids; 
fl) Turbidity: the turbidity in the receiving 
water will not exceed 25 NTU; if tur- 
bidity exceeds this level due to natural 
background conditions, the existing 
turbidity level cannot be increased. 
Compliance with this turbidity standard 
can be met when land management 
activities employ Best Management 
Practices (BMPs) [as defined by Rule 
.0202(6) of this Section! recommended 
by the Designated Nonpoint Source 
Agency (as defined by Rule .0202 of 
this Section). BMPs must be in full 
compliance with all specifications gov- 
erning the proper design, installation, 
operation and maintenance of such 
BMPs; 
(m) Toxic substances: numerical water 
quality standards (maximum permissible 
levels) to protect aquatic life applicable 
to all tidal saltwaters: 
(i) Arsenic, total recoverable: 50 ug/1; 
(ii) Cadmium: 5.0 ug/1; 
(iii) Chromium, total: 20 ug/1; 
(iv) Cyanide: 1.0 ug/1; 



(v) Mercury: 0.025 ug/1; 

(vi) Lead, total recoverable: 25 ug/1; 
collection of data on sources, trans- 
port and fate of lead will be required 
as part of the toxicity reduction evalu- 
ation for dischargers that are out of 
compliance with whole effluent toxici- 
ty_ testing requirements and the con- 
centration of lead in the effluent U 
concomitantly determined to exceed 
an instream level of 3.1 ug/1 from the 
discharge; 

(vii) Nickel: 8.3 ug/1; 

(viii) Pesticides: 
(A) Aldrin: 



ID 
IQ 
IB} 
ID 
ID 
IG) 

iffi 

ID 

ffl 

ID 

(M) 
IN) 



0.003 ug/1; 
Chlordane: 0.004 ug/1; 



lix] 

Ix] 
(xi) 



DDT: 0.001 ug/1; 

Demeton: 0.1 ug/1; 

Dieldrin: 0.002 ug/1; 

Endosulfan: 0.009 ug/1; 

Endrin: 0.002 ug/1; 

Guthion: 0.01 ug/1: 

Heptachlor: 0.004 ug/1; 

Lindane: 0.004 ug/1; 

Methoxychlor: 0.03 ug/1; 

Mirex: 0.001 ug/1; 

Parathion: 0.178 ug/1; 

Toxaphene: 0.0002 ug/1. 
Polycholorinated biphenyls: 
ug/L; 
Selenium: 71 ug/1; 



0.001 



Trialkyltin compounds: 0.002 ug/1 

expressed as tributyltin. 
(4) Action Levels for Toxic Substances: if 
the Action Levels for any of the sub- 
stances listed in this Subparagraph (which 
are generally not bioaccumulative and 
have variable toxicity to aquatic life 
because of chemical form, solubility, 
stream characteristics or associated waste 
characteristics) are determined by the 
waste load allocation to be exceeded in a 
receiving water by a discharge under the 
specified low flow criterion for toxic 
substances (Rule .0206 in this Section), 
the discharger will be required to monitor 
the chemical or biological effects of the 
discharge; efforts shall be made by all 
dischargers to reduce or eliminate these 
substances from their effluents. Those 
substances for which Action Levels are 
listed in this Subparagraph may be limit- 
ed as appropriate in the NPDES permit if 
sufficient information exists to indicate 
that any of those substances may be a 



NORTH CAROLINA REGISTER 



March 15, 1995 



2111 



PROPOSED RULES 



significant causative factor resulting in 
toxicity of the effluent- 
fa) Copper: 3 ug/1; 

(b) Silver: 0.1 ug/1; 

(c) Zinc: 86 ug/1. 



Statutory Authority G.S. 
143-215. 3(a)(1). 



.0221 



143-214.1; 



TIDAL SALT WATER QUALITY 
STANDARDS FOR CLASS SA 
WATERS 

The following water quality standards apply to 
surface waters that are used for shellfishing for 
market purposes and are classified SA. Water 
quality standards applicable to Class SC waters as 
described in Rule .0220 of this Section also apply 
to Class SA waters. 

(1) Best Usage of Waters. Shellfishing for 
market purposes and any other usage 
specified by the "SB" or "SC" classifica- 
tion: 

(2) Conditions Related to Best Usage. Wa- 
ters will meet the current sanitary and 
bacteriological standards as adopted by 
the Commission for Health Services and 
will be suitable for shellfish culture: any 
source of water pollution which precludes 
any of these uses, including their func- 
tioning as PNAs, on either a short-term 
or a long-term basis will be considered to 
be violating a water quality standard; 
Quality Standards a pplicable to Class SA 
Waters: 

Floating solids; settleable solids; sludge 
deposits: none attributable to sewage, 
industrial wastes or other wastes; 
Sewage: none; 

Industrial wastes, or other wastes: 
none which are not effectively treated 
to the satisfaction of the Commission in 
accordance with the requirements of the 
Division of Health Services; 
(d) Organisms of coliform group: fecal 
coliform group not to exceed a median 
MF of 14/100 ml and not more than 10 
percent of the samples shall exceed an 
MF count of 43/100 ml in those areas 
most probably exposed to fecal contam- 
ination during the most unfavorable 
hvdrographic and pollution conditions. 



£31 



£a) 



£b) 

£c] 



.0222 TD3AL SALT WATER QUALITY 
STANDARDS FOR CLASS SB 
WATERS 

The following water quality standards a pply to 
surface waters that are used for primary recre- 
ation, including frequent or organized swimming, 
and are classified SB. Water quality standards 
applicable to Class SC waters are described in 
Rule .0220 of this Section also a pply to SB waters. 
(1) Best Usage of Waters. Primary recre- 
ation and any other usage specified by_ 
the "SC" classification; 
Conditions Related to Best Usage. The 
waters will meet accepted sanitary stan- 
dards of water quality for outdoor bath- 



£2} 



£ci 



ing places and will be of sufficient size 
and depth for primary recreation purpos- 
es; any source of water pollution which 
precludes any of these uses, including 
their functioning as PNAs, on either a 
short-term or a long-term basis will be 
considered to be violating a water quality 
standard; 
(3) Quality Standards applicable to Class SB 
waters: 

(a) Floating solids; settleable solids: sludge 
deposits: none attributable to sewage, 
industrial wastes or other wastes; 

(b) Sewage: industrial wastes; or other 
wastes: none which are not effectively 
treated to the satisfaction of the Com- 



Statutory Authority G. S. 
143-21 5. 3 (a)(1). 



143-214.1; 



mission; in determining the degree of 
treatment required for such waters 
discharged into waters which are to be 
used for bathing, the Commission will 
take into consideration quantity and 
quality of the sewage and other wastes 
involved and the proximity of such 
discharges to the waters in this class: 
discharges in the immediate vicinity of 
bathing areas may not be allowed if the 
Director determines that the waste can 
not be treated to ensure the protection 
of primary recreation; 
Organisms of coliform group: fecal 
coliforms not to exceed a geometric 
mean of 200/100 ml (MF count) based 
on at least five consecutive samples 
examined during any 30 day period and 
not to exceed 400/100 ml in more than 
20 percent of the samples examined 
during such period. 



Statutory Authority G.S. 143-214.1; 143-215. 3(a)(1). 



2112 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



.0223 NUTRIENT SENSITIVE WATERS 

(a) In addition to existing classifications, the 
Commission may classify any surface waters of the 
state as nutrient sensitive waters (NSW) upon a 
finding that such waters are experiencing or are 
subject to excessive growths of microscopic or 
macroscopic vegetation. Excessive growths are 
growths which the Commission in its discretion 
finds to substantially impair the use of the water 
for its best usage as determined by the classifica- 
tion applied to such waters. 

(b) NSW may include any or all waters within 
a particular river basin as the Commission deems 
necessary to effectively control excessive growths 
of microscopic or macroscopic vegetation. 

(c) For the purpose of this Rule, the term 
"nutrients" shall mean phosphorous and/or nitro- 
gen. When considering the assignment of this 
classification, the Commission may specify as a 
"nutrient" any other chemical parameter or combi- 
nation of parameters which it determines to be 
essential for the growth of microscopic and macro- 
scopic vegetation. 

(d) Those waters additionally classified as 
nutrient sensitive shall be identified in the appro- 
priate schedule of classifications as referenced in 
Section .0300 of this Subchapter. 

(e) For the purpose of this Rule, the term 
"background levels" shall mean the concentra- 
tion(s), taking into account seasonal variations, of 
the specific nutrient or nutrients upstream of a 
nutrient source. 

{fj Quality standards applicable to NSW: no 
increase in nutrients over background levels unless 
it is shown to the satisfaction of the Director that 
the increase: 

(1) is the result of natural variations; or 

(2) will not endanger human health, safety 
or welfare and that preventing the 
increase would cause a serious econom- 
ic hardship without equal or greater 
benefit to the public. 

Statutory Authority G.S. 143-214.1. 

.0224 HIGH QUALITY WATERS 

High Quality Waters (HOW) are a subset of 

waters with quality higher than the standards and 

are as described by f5A NCAC 2B .0101(e)(5). 

The following procedures will implemented in 

order to implement the requirements of Rule 

■0201(d) of this Section. 

(1) New or expanded wastewater discharges 

in High Quality Waters will comply with 

the following: 



(a) Discharges from new single family 
residences will be prohibited. Those 
that must discharge will install a septic 
tank, dual or recirculating sand filters, 
disinfection and step aeration. 

(b) All new NPDES wastewater discharges 
(except single family residences) will be 
required to provide the treatment de- 
scribed below: 

£i) Oxygen Consuming Wastes: Effluent 
limitations will be as follows: BOD.; = 

5 mg/1, NH.-N = 2 rng/J and DO = 

6 mg/1. More stringent limitations 
will be set, if necessary, to ensure 
that the cumulative pollutant discharge 
of oxygen-consuming wastes will not 
cause the DO of the receiving water 
to drop more than 0.5 mg/1 below 
background levels, and in no case 
below the standard. Where back- 
ground information is not readily 
available, evaluations will assume a 
percent saturation determined by staff 
to be generally applicable to that 
hvdroenvironment. 

(ii) Total Suspended Solids: Discharges 
of total suspended solids (TSS) will be 
limited to effluent concentrations of 
10 mg/1 for trout waters and PNA's, 
and to 20 mg/1 for all other High 
Quality Waters. 

(iii) Disinfection: Alternative methods to 
chlorination will be required for 
discharges to trout streams, except 
that single family residences may use 
chlorination if other options are not 
economically feasible. Domestic 
discharges are prohibited to SA wa- 
ters. 

(iv) Emergency Requirements: Failsafe 
treatment designs will be employed, 
including stand-by power capability 
for entire treatment works, dual train 
design for all treatment components, 
or equivalent failsafe treatment de- 
signs. 

(v) Volume: The total volume of treated 
wastewater for all discharges com- 
bined will not exceed 50 percent of 
the total instream flow under 7Q10 
conditions. 

(vi) Nutrients: Where nutrient 

overenrichment is projected to be a 
concern, a ppropriate effluent limita- 
tions will be set for phosphorus or 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2113 



PROPOSED RULES 



nitrogen, or both, 
(vii) Toxic substances: In cases where 
complex wastes (those containing or 
potentially containing toxicants) may 
be present in a discharge, a safety 
factor will be applied to any chemical 
or whole effluent toxicity allocation. 
The limit for a specific chemical 
constituent will be allocated at 
normal 



one-half of the 
design conditions. 



standard at 
Whole effluent 
toxicity will be allocated to protect for 
chronic toxicity at an effluent concen- 
tration equal to twice that which is 
acceptable under design conditions. 
In all instances there may be no acute 
toxicity in an effluent concentration of 
90 percent as measured by the North 
Carolina "Pass/Fail Methodology for 
Determining Acute Toxicity in a 
Single Effluent Concentration". 
Ammonia toxicity will be evaluated 
according to EPA guidelines promul- 
gated in the Ammonia Criteria Devel- 
opment Document (1986); EPA docu- 
ment number 440/5-85-001; NTIS 
number PB85-227114; July 29^ 1985 
(50 FR 30784). 
(c) All expanded NPDES wastewater dis- 
charges in High Quality Waters will be 
required to provide the treatment de- 
scribed in Sub-Item (l)fb) of this Rule, 
except for those existing discharges 
which expand with no increase in per- 
mitted pollutant loading. 
(2) Development activities which require an 
Erosion and Sedimentation Control Plan 
in accordance with rules established by 
the NC Sedimentation Control Commis- 
sion or local erosion and sedimentation 
control program approved in accordance 
with 15A NCAC 4B .0218, and which 
drain to and are within one mile of High 
Quality Waters (HOW) will be required 
to control runoff from the one inch de- 
sign storm as follows: 
(a) Low Density Option: Developments 
which limit single family developments 
to one acre lots and other type develop- 
ments to J_2 percent built-upon area, 
have no storm water collection system as 
defined m 15A NCAC 2H .1002(13), 
and have built-upon areas at least 30 
feet from surface waters will be deemed 
to comply with this requirement, unless 



£b) 



it is determined that additional runoff 
control measures are required to protect 
the water quality of High Quality Wa- 
ters necessary to maintain existing and 
anticipated uses of those waters, in 
which case more stringent storm water 
runoff control measures may be re- 
quired on a case-bv-case basis. Activi- 



ties conforming to the requirements 
described in 15A NCAC 2H .1003 (a) 
[except for Subparagraphs (2) and (3) 
which apply only to waters within the 
20 coastal counties as defined in 15A 
NCAC 2H .1002(9)1 will also be 
deemed to comply with this require- 
ment, except as provided in the preced- 
ing sentence- 
High Density Option: Higher density 
developments will be allowed if 
storm water control systems utilizing 
wet detention ponds as described in 
15A NCAC 2H .1003(i), (k) and 0) are 
installed, operated and maintained 
which control the runoff from all 
built-upon areas generated from one 
inch of rainfall, unless it is determined 
that additional runoff control measures 
are required to protect the water quality 
of High Quality Waters necessary to 
maintain existing and anticipated uses 
of those waters, in which case more 
stringent storm water runoff control 
measures may be required on a 



case-bv-case basis. The size of the 
control system must take into account 
the runoff from any pervious surfaces 
draining to the system. 
ic} All waters classified WS-I or WS-II and 
all waters located in the 20 coastal 
counties as defined in Rule 15A NCAC 
2H .1002(9) are excluded from this 
requirement since they already have 
requirements for nonpoint source con- 
trols. 
If an applicant objects to the requirements to 
protect high quality waters and believes degrada- 
tion is necessary to accommodate important social 
and economic development, the applicant can 
contest these requirements according to the provi- 
sions of G.S. 143-215. 1(e) and 150B-23. 

Statutory Authority G.S. 143-214.1; 143-215.1'; 

143-215. 3(a)(1). 



2114 



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9:24 



PROPOSED RULES 



.0225 OUTSTANDING RESOURCE 
WATERS 

(a) General. In addition to the existing classifi- 
cations, the Commission may classify certain 
unique and special surface waters of the state as 
outstanding resource waters (ORW) upon finding 
that such waters are of exceptional state or national 
recreational or ecological significance and that the 
waters have exceptional water quality' while meet- 
ing the following conditions: 

(1) there are no significant impacts from 
pollution with the water quality rated as 
excellent based on physical, chemical 
or biological information; 

(2) the characteristics which make these 
waters unique and special may not be 
protected by the assigned narrative and 
numerical water quality standards. 

(b) Outstanding Resource Values. In order to 
be classified as ORW, a water body must exhibit 
one or more of the following values or uses to 
demonstrate it is of exceptional state or national 
recreational or ecological significance: 

(1) there are outstanding fish (or commer- 
cially important aquatic species) habitat 
and fisheries; 

(2) there is an unusually high level of 
water-based recreation or the potential 
for such recreation; 

(3) the waters have already received some 
special designation such as a North 
Carolina or National Wild and Scenic 
River, Native or Special Native Trout 
Waters, National Wildlife Refuge, etc, 
which do not provide any water quality 
protection; 

(4) the waters represent an important com- 
ponent of a state or national park or 
forest; or 

(5) the waters are of special ecological or 
scientific significance such as habitat 
for rare or endangered species or as 
areas for research and education. 

(cl Quality Standards for ORW. 
(1) Freshwater: Water quality conditions 
shall clearly maintain and protect the 
outstanding resource values of waters 
classified ORW. Management strate- 
gies to protect resource values will be 
developed on a site specific basis dur- 
ing the proceedings to classify waters as 
ORW. At a minimum, no new dis- 
charges or expansions of existing dis- 
charges will be permitted, and 
storm water controls for all new devel- 



opment activities requiring an Erosion 
and Sedimentation Control Plan in 
accordance with rules established by the 
NC Sedimentation Control Commission 
or an a ppropriate local erosion and 
sedimentation control program will be 
required to control storm water runoff as 
follows: 

(A) Low Density Option: Developments 
which limit single family develop- 
ments to one acre lots and other type 
developments to 12 percent built-upon 
area, have no storm water collection 
system as defined in 15A NCAC 2H 
. 1002( 13), and have built-upon areas 
at least 30 feet from surface water 
areas will be deemed to comply with 
this requirement, unless it is deter- 
mined that additional runoff control 
measures are required to protect the 
water quality of Outstanding Resource 
Waters necessary to maintain existing 
and anticipated uses of those waters, 
in which case such additional 
storm water runoff control measures 
may be required on a case-by-case 
basis. 

(B) High Density Development: Higher 
density developments will be allowed 
if stormwater control systems utilizing 
wet detention ponds as described in 
15A NCAC 2H .1003(0. (k) and (1) 
are installed, operated and maintained 
which control the runoff from all 
built-upon areas generated from one 
inch of rainfall, unless k is deter- 
mined that additional runoff control 
measures are required to protect the 
water quality of Outstanding Resource 
Waters necessary to maintain existing 
and anticipated uses of those waters, 
in which case such additional 
stormwater runoff control measures 
may be required on a case-by-case 
basis. The size of the control system 
must take into account the runoff 
from any pervious surfaces draining 
to the system. 

(2) Saltwater: Water quality conditions 
shall clearly maintain and protect the 
outstanding resource values of waters 
classified ORW. Management strate- 
gies to protect resource values will be 
developed on a site-specific basis dur- 
ing the proceedings to classify waters as 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2115 



PROPOSED RULES 



ORW. At a minimum, new develop- 
ment will comply with the low density 
options as specified in the Storm water 
Runoff Disposal rules R5A NCAC 2H 
.1003 (a)(2)] within 575 feet of the 
mean high water line of the designated 
ORW area. New non-discharge permits 
will be required to meet reduced load- 
ing rates and increased buffer zones, to 
be determined on a case-by-case basis. 
No dredge or fill activities will be 
allowed where significant shellfish or 
submerged aquatic vegetation bed re- 
sources occur, except for maintenance 
dredging, such as that required to main- 
tain access to existing channels and 
facilities located within the designated 
areas or maintenance dredging for 
activities such as agriculture. A public 
hearing is mandatory for any proposed 
permits to discharge to waters classified 
as ORW. 
Additional actions to protect resource values will 
be considered on a site specific basis during the 
proceedings to classify waters as ORW and will be 
specified in Paragraph (e) of this Rule. These 
actions may include anything within the powers of 
the commission. The commission will also consid- 
er local actions which have been taken to protect 
a water body in determining the appropriate state 
protection options. Descriptions of boundaries of 
waters classified as ORW are included in Para- 
graph (e) of this Rule and in the Schedule of 
Classifications (ISA NCAC 2B .0302 through 
.0317) as specified for the appropriate river basin 
and will also be described on maps maintained by 
the Division of Environmental Management, 
(d) Petition Process. Any person may petition 



the Commission to classify a surface water of the 
state as an ORW. The petition shall identify the 
exceptional resource value to be protected, address 
how the water body meets the general criteria in 
Paragraph (a) of this Rule, and the suggested 
actions to protect the resource values. The Com- 
mission may request additional supporting informa- 
tion from the petitioner. The Commission or ]ts 
designee will initiate public proceedings to classify 
waters as ORW or will inform the petitioner that 
the waters do not meet the criteria for ORW with 
an explanation of the basis for this decision. The 
petition shall be sent to: 

Director 

DEHNR/Division of Environmental Management 

P.O. Box 29535 

Raleigh, North Carolina 27626-0535 



The envelope containing the petition shall clearly 
bear the notation: RULE-MAKING PETITION 
FOR ORW CLASSIFICATION. 

(e) Listing of Waters Classified ORW with 
Specific Actions. Waters classified as ORW with 
specific actions to protect exceptional resource 
values are listed as follows: 

(1) Roosevelt Natural Area [White Oak 
River Basin, Index Nos. 20-36-9.5-(l) 
and 20-36-9. 5-(2)l including all fresh 
and saline waters within the property 
boundaries of the natural area will have 
only new development which complies 
with the low density option in the 
storm water rules as specified in 15A 
NCAC 2H .1003(a)(2) within 575 feet 
of the Roosevelt Natural Area fif the 
development site naturally drains to the 
Roosevelt Natural Area). 
£2} Chattooga River ORW Area (Little 
Tennessee River Basin and Savannah 
River Drainage Area): the following 
undesignated waterbodies that are tribu- 



tary to ORW designated segments shall 
comply with Paragraph (c) of this Rule 
in order to protect the designated wa- 
ters as rjer Rule .0203 of this Section- 
However, expansions of existing dis- 
charges to these segments will be al- 
lowed if there is no increase in pollut- 
ant loading: 



m 

£Q 

ID) 

IE) 
IE) 



North and South Fowler Creeks, 



Green and Norton Mill Creeks, 
Cane Creek, 
Ammons Branch, 
Glade Creek, and 



Associated tributaries. 
13) Henry Fork ORW Area (Catawba River 
Basin): the following undesignated 
waterbodies that are tributary to ORW 
designated segments shall comply with 
Paragraph (c) of this Rule in order to 
protect the designated waters as per 
Rule .0203 of this Section: 

(A) Ivy Creek, 

IB) Rock Creek, and 

(C) Associated tributaries. 
£4) South Fork New and New Rivers ORW 
Area fNew River Basin (Index Nos. 10- 
1-33.5 and 10)1: the following manage- 
ment strategies, in addition to the dis- 
charge requirements specified in Sub- 
paragraph (c)(1) of this Rule, will be 
applied to protect the designated ORW 
areas: 



2116 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



(A) Storm water controls described in 
Subparagraph (c)(1) of this Rule will 
apply within one mile and draining to 
the designated ORW areas; 

(B) New or expanded NPDES permitted 
wastewater discharges located up- 
stream of the designated ORW will be 
permitted such that the following 
water quality standards are maintained 
in the ORW segment: 

£i) the total volume of treated 
wastewater for all upstream dis- 
charges combined will not exceed 
50 percent of the total instream 
flow in the designated ORW 
under 7Q10 conditions; 

(ii) a safety factor will be a pplied to 
any chemical allocation such that 
the effluent limitation for a specif- 
ic chemical constituent will be the 
more stringent of either the limita- 
tion allocated under design condi- 
tions (pursuant to 15A NCAC 2B 
.0206) for the normal standard at 
the point of discharge, or the 
limitation allocated under design 
conditions for one-half the normal 
standard at the upstream border of 
the ORW segment; 

(iii) a safety factor will be applied to 
any discharge of complex 
wastewater (those containing or 
potentially containing toxicants) to 
protect for chronic toxicity in the 
ORW segment by setting the 
whole effluent toxicity limitation 
at the higher (more stringent) 
percentage effluent determined 
under design conditions (pursuant 
to J5A NCAC 2B .0206) for 
either the instream effluent con- 
centration at the point of dis- 
charge or twice the effluent con- 
centration calculated as if the 
discharge were at the upstream 
border of the ORW segment; 

(C) New or expanded NPDES permitted 
wastewater discharges located up- 
stream of the disignated ORW will 
comply with the following: 

(i) Oxygen Consuming Wastes: 
Effluent limitations will be as 
follows: BOD = 5 mg/1, and 



(iii) 



fjv) 



charges of total suspended solids 
(TSS) will be limited to effluent 
concentrations of JO mg/1 for 
trout waters and to 20 mg/1 for 
all other waters; 

Emergency Requirements: 
Failsafe treatment designs will be 
employed, including stand-by 
power capability for entire treat- 
ment works, dual train design for 
all treatment components, or 
equivalent failsafe treatment de- 
signs; 

Nutrients: Where nutrient 

overenrichment is projected to be 
a concern, appropriate effluent 
limitations will be set for phos- 
phorus or nitrogen, or both. 
£5} Old Field Creek (New River Basin): 
the undesignated portion of Old Field 
Creek (from its source to Call Creek) 
shall comply with Paragraph (c) of this 
Rule in order to protect the designated 
waters as per Rule .0203 of this Sec- 
tion. 
(6) In the following designated 
waterbodies, no additional restrictions 
will be placed on new or expanded 
marinas. The only new or expanded 
NPDES permitted discharges that will 
be allowed will be non-domestic, 
non-process industrial discharges. 
(A) The Alligator River Area (Pasquotank 
River Basin) extending from the 
source of the Alligator River to the 
U.S. Highway 64 bridge including 
New Lake Fork, North West Fork 
Alligator River. Juniper Creek. South- 
west Fork Alligator River, Scouts 
Bay. Gum Neck Creek, Georgia Bay, 
Winn Bay, Stumpy Creek Bay, 



Stumpy Creek, Swann Creek (Swann 
Creek Lake). Whipping Creek (Whip- 
ping Creek Lake). Grapevine Bay, 
Rattlesnake Bay. The Straits. The 
Frying Pan. Coopers Creek. Babbitt 
Bay. Goose Creek, Milltail Creek. 
Boat Bay. Sandy Ridge Gut (Sawyer 



ill 



m 



NH3-N = 2 mg/1: 
Total Suspended Solids: 



Dis- 



Lake) and Second Creek, but exclud- 
ing the Intracoastal Waterway (Pungo 
River-AUi gator River Canal) and all 
other tributary streams and canals. 
In the following designated 
waterbodies, the only type of new or 
expanded marina that will be allowed 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2117 



PROPOSED RULES 



will be those marinas located in upland 
basin areas, or those with less than 30 
slips, having no boats over 21 feet m 
length and no boats with heads. The 
only new or expanded NPDES permit- 
ted discharges that will be allowed will 
be non-domestic, non-process industrial 
discharges. 

(A) The Northeast Swanquarter Bay Area 
including all waters northeast of a line 
from a point at Lat. 35° 23' 51" and 
Long. 76° 21' 02" thence southeast 
along the Swanquarter National Wild- 
life Refuge hunting closure boundary 
(as defined by the 1935 Presidential 
Proclamation) to Drum Point. 

(B) The Neuse-Southeast Pamlico Sound 
Area (Southeast Pamlico Sound Area 
(Southeast Pamlico Sound Section of 
the Southeast Pamlico, Core and 
Back Sound Area); (Neuse River 
Basin) including all waters within an 
area defined by a line extending from 
the southern shore of Ocracoke Inlet 
northwest to the Tar-Pamlico River 
and Neuse River basin boundary, then 
southwest to Ship Point. 

(C) The Core Sound Section of the South- 
east Pamlico, Core and Back Sound 
Area ("White Oak River Basin), in- 
cluding all waters of Core Sound and 
its tributaries, but excluding Nelson 
Bay, Little Port Branch and Atlantic 
Harbor at its mouth, and those tribu- 
taries of Jarrett Bay that are closed to 
shellfishing. 

(D) The Western Bogue Sound Section of 
the Western Bogue Sound and Bear 
Island Area (White Oak River Basin) 
including all waters within an area 
defined by a line from Bogue Inlet to 
the mainland at SR 1 1 17 to a line 
across Bogue Sound from the south- 
west side of Gales Creek to Rock 
Point, including Taylor Bay and the 
Intracoastal Waterway. 

(E) The Stump Sound Area (Cape Fear 
River Basin) including aU waters of 
Stump Sound and Alligator Bay from 
marker Number 17 to the western end 
of Permuda Island, but excluding 
Rogers Bay, the Kings Creek Restrict- 
ed Area and Mill Creek. 

(F) The Topsail Sound and Middle Sound 
Area (Cape Fear River Basin) includ- 



(8) In the 



ing all estuarine waters from New 
Topsail Inlet to Mason Inlet, including 
the Intracoastal Waterway and Howe 
Creek, but excluding Pages Creek and 
Futch Creek. 
In the following designated 
waterbodies, no new or expanded 
NPDES permitted discharges and only 
new or expanded marinas with less than 
30 slips, having no boats over 21 feet 
in length and no boats with heads will 
be allowed. 
(A) The Swanquarter Bay and Juniper Bay 
Area (Tar-Pamlico River Basin) in- 
cluding all waters within a line begin- 
ning at Juniper Bay Point and running 
south and then west below Great 
Island, then northwest to Shell Point 
and including Shell Bay. Swanquarter 
and Juniper Bays and their tributaries, 
but excluding all waters northeast of 
a line from a point at Lat. 35° 23' 
51" and Long. 761 2T 0T thence 
southeast along the Swanquarter 
National Wildlife Refuge hunting 
closure boundary (as defined by the 
1935 Presidential Proclamation) to 
Drum Point and also excluding the 
Blowout Canal, Hydeland Canal. 
Juniper Canal and Quarter Canal. 
The Back Sound Section of the South- 



m 



IQ 



east Pamlico. Core and Back Sound 
Area (White Oak River Basin) includ- 
ing that area of Back Sound extending 
from Core Sound west along 
Shackleford Banks, then north to the 
western most point of Middle Marsh- 
es and along the northwest shore of 
Middle Marshes (to include all of 
Middle Marshes), then west to Rush 
Point on Harker's Island, and along 
the southern shore of Harker's Island 
back to Core Sound. 
The Bear Island Section of the West- 
ern Bogue Sound and Bear Island 
Area (White Oak River Basin) includ- 
ing all waters within an area defined 
by a line from the western most point 
on Bear Island to the northeast mouth 
of Goose Creek on the mainland, east 
to the southwest mouth of Queen 
Creek, then south to green marker 
No. 49, then northeast to the northern 
most point on Huggins Island, then 
southeast along the shoreline of 



2118 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



Huggins Island to the southeastern 

most point of Huggins Island, then 

south to the northeastern most point 

on Dudley Island, then southwest 

along the shoreline of Dudley Island 

to the eastern tip of Bear Island. 

(D) The Masonboro Sound Area (Cape 

Fear River Basin) including all waters 

between the Barrier Islands and the 

mainland from Carolina Beach Inlet to 

Masonboro Inlet. 

{9} Black and South Rivers ORW Area 

(Cape Fear River Basin) rindex Nos. 

18-68-(0.5), 18-68-(3.5). 18-68-d 1.5). 

18-68-12-(0.5). 18-68-12-(11.5). and 

18-68-21: the following management 

strategies, in addition to the discharge 

requirements specified in Subparagraph 

(c)(1) of this Rule, will be applied to 

protect the designated ORW areas: 

(A) Storm water controls described in 
Subparagraph (c)(1) of this Rule will 
apply within one mile and draining to 
the designated ORW areas; 

(B) New or expanded NPDES permitted 
wastewater discharges located one 
mile upstream of the stream segments 
designated ORW (upstream on the 
designated mainstem and upstream 
into direct tributaries to the designated 
mainstem) will comply with the fol- 
lowing discharge restrictions: 

(i) Oxygen Consuming Wastes: 
Effluent limitations will be as 
follows: BOD = 5 nag/1 and 
NH3-N = 2 mg/1; 

(ii) Total Suspended Solids: Dis- 
charges of total suspended solids 
(TSS) will be limited to effluent 
concentrations of 20 mg/1; 

(iii) Emergency Requirements : 
Failsafe treatment designs will be 
employed. including stand-by 
power capability for entire treat- 
ment works, dual train design for 
all treatment components, or 
equivalent failsafe treatment de- 
signs; 

(iv) Nutrients: Where nutrient 

overenrichment is projected to be 
a concern, appropriate effluent 
limitations will be set for phos- 
phorus or nitrogen, or both. 

(v) Toxic substances: In cases where 
complex discharges (those con- 



taining or potentially containing 
toxicants) may be currently pres- 
ent in the discharge, a safety 
factor will be applied to any 
chemical or whole effluent toxici- 



ty allocation. The limit for a 
specific chemcial constituent will 
be allocated at one-half of the 
normal standard at design condi- 
tions. Whole effluent toxicity will 
be allocated to protect for chronic 
toxicity at an effluent concentra- 
tion equal to twice that which [s 
acceptable under flow design 
criteria (pursuant to 15A NCAC 
2B .0206). 

Statutory Authority G.S. 143-214.1. 

.0226 EXEMPTIONS FROM SURFACE 
WATER QUALITY STANDARDS 

Variances from applicable standards, revisions to 
water quality standards or site-specific water 
quality standards may be granted by the Commis- 
sion on a case-by-case basis pursuant to General 
Statutes 143-215.3(e). 143-214.3 or 143-214.1. A 
listing of existing variances will be maintained and 
made available to the public by the Division. 
Exemptions established pursuant to this Rule will 
be reviewed as part of the Triennial Review of 
Water Quality Standards conducted pursuant to 40 
CFR 131.10(g). 

Statutory Authority G.S. 143-214.1; 143-214.3. 

.0227 WATER QUALITY MANAGEMENT 
PLANS 

(a) In implementing the water quality standards 
to protect the existing uses fas defined by Rule 
.0202(25) of this Sectionl of the waters of the state 
or the water quality which su pports those uses, the 
Commission shall develop water quality manage- 
ment plans on a priority basis to attain, maintain 
or enhance water quality throughout the state. 
Additional specific actions deemed necessary by 
the Commission to protect the water quality or the 
existing uses of the waters of the state will be 
specified in Paragraph (b) of this Rule. These 
actions may include anything within the powers of 
the Commission. The Commission may also 



consider local actions which have been taken to 
protect a waterbody in determining the appropriate 
protection options to be incorporated into the water 
quality management plan, 
(b) All waters determined by the Commission to 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2119 



PROPOSED RULES 



be protected by a water quality management plan 
are listed with specific actions as follows: 

The Lockwoods Folly River Area 
(Lumber River Basin), which includes 
all waters of the lower Lockwoods 
Folly River in an area extending north 
from the Intracoastal Waterway to a 
line extending from Genoes Point to 
Mullet Creek, will be protected by the 
specific actions described in Subpara- 
graphs (1) through (5) of this Para- 
graph. 

(1) New development activities within 575' 
of the mean high water line which 
require a Sedimentation Erosion Con- 
trol Plan or a CAMA major develop- 
ment permit must comply with the low 
density option of the coastal Storm water 
Runoff Disposal Rules [as specified in 
15A NCAC 2H . 1003(a)(2)! . 

(2) New or expanded NPDES permits will 
be issued only for non-domestic, 
non-industrial process type discharges 
(such as non-industrial process cooling 
or seafood processing discharges). A 
public hearing is mandatory for any 
proposed (new or expanded) NPDES 
permit to this protected area. 

(3) New non-discharge permits will be 
required to meet reduced loading rates 
and increased buffer zones, to be deter- 
mined on a case-by-case basis. 

(4) New or expanded marinas must be 
located in upland basin areas. 

(5) No dredge or fill activities will be 
allowed where significant shellfish or 
submerged aquatic vegetation bed re- 
sources occur, except for maintenance 
dredging, such as that required to main- 
tain access to existing channels and 
facilities located within the protected 
area or maintenance dredging for activi- 
ties such as agriculture. 

Statutory Authority G.S. 143-214.1; 143-21 4. 8A. 

.0228 EFFLUENT CHANNELS 

The standards of water quality contained in this 
Section shall not apply to waters within effluent 
channels, as defined in Rule .0202(23) of this 
Section, except that said waters shall be maintained 
at a quality which will prevent the occurrence of 
offensive conditions, protect public health, and 
allow maintenance of the standards applicable to 
all downstream waters. Effluent channels will be 



designated by the Director, such that the channels 
will: 
( 1 ) be contained entirely on property owned 
(or otherwise controlled) by the discharg- 



O) 



er {to be demonstrated by the discharg- 

erk 

not contain natural waters except when 

such waters occur in direct response to 

rainfall events by overland runoff; 

(3) be so constructed or modified as to mini- 
mize the migration of fish into said chan- 
nel; 

(4) be identified and designated on a 
case-by-case basis prior to permit issu- 
ance. 

Statutory Authority G.S. 143-214.1. 

IS otice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rules cited 
as 15A NCAC 10B .0105, .0114 and 10D .0003. 

1 he proposed effective date of this action is July 
1, 1995. 

A he public hearing will be conducted at 10:00 
a.m. on April 3, 1995 at the Archdale Building, 
Room 332, 512 N. Salisbury Street, Raleigh, NC. 

ixeason for Proposed Action: 
ISA NCAC 10B .0105 - To conform area of early 
goose season permit hunting to those areas identi- 
fied in Federal Regulations. 
15A NCAC 10B .0114 - To require requests for 
field trial authorization to be submitted 30 days in 
advance. 

15A NCAC 10D .0003 - To make minor editorial 
changes and corrections. 

K^omment Procedures: Interested persons may 

present their views either orally or in writing at 
the hearing. In addition, the record of hearing 
will be open for receipt of written comments from 
March 16, 1995 through April 17, 1995. Such 
written comments must be delivered or mailed to 
the N. C Wildlife Resources Commission, 512 N. 
Salisbury Street, Raleigh, NC 27604-1188. 



2120 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 10B - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL 
REGULATIONS 

.0105 MIGRATORY GAME BIRDS 

(a) Cooperative State Rules: 

(1) The taking of sea ducks (scoter, eider 
and old squaw) during any special 
federally-announced season for these 
species shall be limited to the waters of 
the Atlantic Ocean, and to those coastal 
waters south of US 64 which are sepa- 
rated by a distance of at least 800 yards 
of open water from any shore, island or 
marsh. 

(2) The extra daily bag and possession 
limits allowed by the federal regulations 
on scaup apply in all coastal waters east 
of U.S. Highway 17, except Currituck 
Sound north of US 158. 

(3) Tundra swans may be taken during the 
open season by permit only subject to 
limitations imposed by the U. S. Fish 
and Wildlife Service. A limited num- 
ber of nontransferable swan permits 
will be issued by the Wildlife Resources 
Commission to applicants who will be 
selected at random by computer, and 
only one swan may be taken under each 
permit which must be cancelled at the 
time of the kill by cutting out the month 
and day of the kill. Accompanying the 
permit is a tag which must be affixed to 
the swan at the time and place of the 
kill. The tag must be affixed in accor- 
dance with instructions provided with 
the permit. In addition, a preaddressed 
post-paid card is supplied to each per- 
mittee on which to report the number of 
days hunted and the details of the kill if 
made. It is unlawful to hunt swans 
without having the permit and the tag in 
possession or to possess a swan without 
the cancelled permit in possession and 
the tag properly affixed to the swan. It 
is unlawful to possess a swan permit or 
tag while hunting that was assigned to 
another person or to alter the permit or 
tag in any way other than cutting out 
the proper month and day of kill. 



(4) Canada geese may be taken we s t of 
1-95 during the open season by permit 
holders only subject to limitations 
imposed by the U.S. Fish and Wildlife 
Service. Permits will be issued by the 
North Carolina Wildlife Resources 
Commission. It is unlawful to hunt or 
possess Canada geese west — of I 95 
without having the permit in posses- 
sion. It is unlawful to possess a Cana- 
da goose permit while hunting that was 
assigned to another person or to alter 
the permit in any way. 
(b) Notwithstanding the provisions of G.S. 
11 3-291. 1(a) and (b), the following restrictions 
apply to the taking of migratory game birds: 

(1) No migratory game bird may be taken: 

(A) With a rifle; 

(B) With a shotgun of any description 
capable of holding more than three 
shells, unless it is plugged with a 
one-piece filler, incapable of removal 
without disassembling the gun, so as 
to limit its total capacity to not more 
than three shells. 

(2) No migratory game bird may be taken: 

(A) From or by the use of a sinkbox or 
any other type of low floating device 
affording the hunter a means of con- 
cealment beneath the surface of the 
water; 

(B) With the aid of bait, or on, over or 
within 300 yards of any place where 
any grain, salt or other feed is ex- 
posed so as to constitute an attraction 
to migratory game birds or has been 
so exposed during any of the 10 
consecutive days preceding the taking, 
except that this Part shall not apply to 
standing crops, flooded croplands, 
grain crops properly shocked on the 
field where grown, or grains found 
scattered solely as the result of nor- 
mal agricultural planting or harvest- 
ing; 

(C) With the aid of live decoys, or on, 
over or within 300 yards of any place 
where tame or captive migratory 
game birds are present, unless such 
birds are and have been for a period 
of 10 consecutive days prior to such 
taking confined within an enclosure 
which substantially reduces the audi- 
bility of their calls and totally con- 
ceals them from the sight of wild 



9:24 



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March 15, 1995 



2121 



PROPOSED RULES 



migratory game birds. 

(3) Waterfowl hunting and harassment and 
other unauthorized activities shall be 
prohibited on posted waterfowl manage- 
ment areas established by the Wildlife 
Resources Commission for Canada 
Geese and ducks restoration. 

(4) In that area of Roanoke Sound adjacent 
to and immediately Northeast of 
Roanoke Island as marked by buoys 
designating the waterfowl rest area, it 
shall be unlawful to harass or take any 
waterfowl. 

Authority G.S. 113-134; 113-274; 113-291.1; 113- 
291.2; 50 C.F.R. 20.21; 50 C.F.R. 20.105. 

.0114 DOG TRAINING AND FIELD TRIALS 

(a) Except as provided in Paragraphs (b) and (c) 
of this Rule, each person engaged in training or 
running a dog or dogs and each active participant 
in a field trial must have obtained a North Caroli- 
na hunting license. The term "active participant" 
as used herein includes each person who owns or 
handles dogs, carries a firearm, or is a member of 
an organized group engaged in the conduct of a 
field trial, but does not include a person who is 
observing a field trial incidentally or who has 
stopped to witness a part of it. 

(b) A person serving as judge of a 
commission-sanctioned field trial and any nonresi- 
dent participating therein may do so without 
having a North Carolina license, provided such 
nonresident has in his possession a valid hunting 
license issued by the state of his residence. A 
"commission-sanctioned" field trial is one which, 
pursuant to a written request from the sponsoring 
organization, has been officially authorized in 
writing and scheduled for occurrence by an autho- 
rized representative of the Wildlife Resources 
Commission. 

(c) Persons without license may participate in 
commission-sanctioned field trials for beagles 
conducted without firearms on private field trial 
areas which are fenced in accordance with G.S. 
113-276(k). 

(d) Except as allowed by regulations pertaining 
to authorized field trials, it is unlawful to carry 
firearms, axes, saws or climbing irons while 
training or running dogs during closed season on 
game animals. 

(e) Except as authorized in this Paragraph, no 
firearms or other hunting weapons may be pos- 
sessed or used during any field trial for foxhounds 
or any field trial conducted during the closed 



hunting season for any other species of wildlife 
serving as the quarry or prey. On a 

commission-sanctioned field trial for retrievers or 
bird dogs, shotguns containing live ammunition or 
firearms using only blank ammunition may be used 
only when the application for and the authorization 
of the field trial so provide. No wild waterfowl, 
quail or pheasant may be used in field trials when 
shotguns with live ammunition are permitted. All 
waterfowl, quail and pheasants so used must be 
obtained from a licensed game bird propagator. 
Each specimen of waterfowl so obtained shall be 
marked by one of the methods provided by 50 
C.F.R. 21.13. Each pheasant or quail so obtained 
shall be banded by the propagator prior to delivery 
with a metal leg band which is imprinted with the 
number of his propagation license. The purchaser 
of such birds shall obtain a copy of the receipt 
from the propagator showing the date and the 
number and species of birds purchased. The copy 
of the receipt shall be available for inspection by 
any authorized agent of the Wildlife Resources 
Commission during the time and at the place 
where the trial is being held. 

(f) Applications for authorization of a field trial 
must be submitted in writing to a Wildlife Enforce- 
ment Officer at least 30 days prior to the sched- 
uled event. 

Authority G.S. 113-134; 113-273; 113-276; 
113-291.1; 113-291.5; 50 C.F.R. 21.13. 

SUBCHAPTER 10D - GAME LANDS 
REGULATIONS 

.0003 HUNTTNG ON GAME LANDS 

(a) Safety Requirements. No person while 
hunting on any designated game land shall be 
under the influence of alcohol or any narcotic 
drug, or fail to comply with special restrictions 
regarding the use of the Blue Ridge Parkway 
where it adjoins game lands listed in this Rule. 

(b) Traffic Requirements. No person shall park 
a vehicle on game lands in such a manner as to 
block traffic, gates or otherwise prevent vehicles 
from using any roadway. 

(c) Tree Stands. It is unlawful to erect or to 
occupy, for the purpose of hunting, any tree stand 
or platform attached by nails, screws, bolts or wire 
to a tree on any game land designated herein. 
This prohibition shall not apply to lag-screw steps 
or portable stands that are removed after use with 
no metal left remaining in or attached to the tree. 

(d) Time and Manner of Taking. Except where 
closed to hunting or limited to specific dates by 



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9:24 



PROPOSED RULES 



this Chapter, hunting on game lands is permitted 
during the open season for the game or furbearing 
species being hunted. On managed waterfowl 
impoundments, hunters shall not enter the posted 
impoundment areas earlier than 4:00 a.m. on the 
permitted hunting dates, and hunting is prohibited 
after 1:00 p.m. on such hunting dates; decoys may 
not be set out prior to 4:00 a.m. and must be 
removed by 3:00 p.m. each day. No person shall 
operate any vessel or vehicle powered by an 
internal combustion engine on a managed water- 
fowl impoundment. 

No person shall attempt to obscure the sex or age 
of any bird or animal taken by severing the head 
or any other part thereof, or possess any bird or 
animal which has been so mutilated. 

No person shall place, or cause to be placed on 
any game land, salt, grain, fruit, or other foods 
without prior written authorization of the commis- 
sion or its agent. A decision to grant or deny 
authorization shall be made based on the best 
management practices for the wildlife species in 
question. No person shall take or attempt to take 
any game birds or game animals attracted to such 
foods. 

No live wild animals or wild birds shall be 
removed from any game land. 

(e) Hunting Dates: For purposes of this Section 
"Eastern" season refers to seasons set for those 
counties or parts of counties listed in 15A NCAC 
10B .0203(b)(1)(A); "Central" season refers to 
seasons set for those counties or parts of counties 
listed in 15A NCAC 10B .0203(b)(1)(D); "North- 
western" season refers to seasons set for those 
counties or parts of counties listed in 15A NCAC 
10B .0203(b)(1)(B); "Western" season refers to 
seasons set for those counties or parts of counties 
listed in 15A NCAC 10B .0203(b)(1)(C). 

(1) Doves may be taken on the following 
game lands and dove hunting is limited 
to Mondays, Wednesdays, Saturdays 
and to Thanksgiving, Christmas and 
New Year's Days within the 
federally-announced season: 
Guilford County— Guilford County 
Farm Game Land 

Lenoir County— Caswell Farm Game 
Land 

(2) Any game may be taken during the 
open seasons on the following game 
lands and hunting is limited to Mon- 
days, Wednesdays, Saturdays and 
Thanksgiving, Christmas and New 
Year's Days. In addition, deer may be 
taken with bow and arrow on the open- 



ing day of the bow and arrow season 
for deer. Special hunts on other days 
may also be set up for participants in 
the Disabled Sportsman Program. 
Raccoon and opossum hunting may 
continue until 7:00 a.m. on Tuesdays, 
until 7:00 a.m. on Thursdays, and until 
midnight on Saturdays. Additional 
restrictions apply as indicated in paren- 
theses following specific designations: 
Ashe County— Carson Woods Game 
Land 

Bladen County-Bladen Lakes State 
Forest Game Lands (Handguns may not 
be carried and, except for 
muzzle-loaders, rifles larger than .22 
caliber rimfire may not be used or 
possessed. On the Breece Tract and the 
Singletary Tract deer and bear may be 
taken only by still hunting. Deer of 
either sex may be taken Mondays, 
Wednesdays, and Saturdays from the 
first Wednesday after Thanksgiving 
through the following Wednesday. 
Deer of either sex may also be taken 
the Saturday preceding Eastern bow 
season with bow and arrow and the 
Friday preceding the Eastern muzzle- 
loading season with any legal weapon 
(with weapons exceptions described in 
this Paragraph) by participants in the 
Disabled Sportsman Program. Wild 
turkey hunting is by permit only.) 
Caswell County— Caswell Game Land— 
(Deer of either sex may also be taken 
the Friday preceding the Central muz- 
zle-loading season by participants in the 
Disabled Sportsman Program.) 
Catawba and Iredell Counties— Catawba 
Game Land (No deer may be taken 
from the tract known as Island Point 
and deer may be taken with bow and 
arrow only from the tract known as 
Molly's backbone.) 

Lenoir County— H.M. Bizzell, Sr., 
Game Land 

Onslow County— White Oak River 
Impoundment Game Land (In addition 
to the dates above indicated, waterfowl 
may be taken on the opening and clos- 
ing days of the applicable waterfowl 
seasons.) 

Pender County— Holly Shelter Game 
Land (In addition to the dates above 
indicated, waterfowl may be taken on 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2123 



PROPOSED RULES 



the opening and closing days of the 
applicable waterfowl seasons. Deer of 
either sex may be taken on Mondays, 
Wednesdays, and Saturdays from the 
first Wednesday after Thanksgiving 
through the third Saturday after 
Thanksgiving.) Deer of either sex may 
also be taken the Friday preceding the 
Eastern muzzle-loading season with any 
legal weapon and the Saturday preced- 
ing Eastern bow season with bow and 
arrow by participants in the Disabled 
Sportsman Program.) 
Richmond, Scotland and Moore 
Counties— Sandhills Game Land (The 
regular gun season for deer consists of 
the open hunting dates from the second 
Monday before Thanksgiving to the 
third Saturday after Thanksgiving ex- 
cept on the field trial grounds where the 
gun season is from the second Monday 
before Thanksgiving to the Saturday 
following Thanksgiving. Deer may be 
taken with bow and arrow on all open 
hunting dates during the bow and arrow 
season, as well as during the regular 
gun season. Deer may be taken with 
muzzle-loading firearms on Monday, 
Wednesday and Saturday of the second 
week before Thanksgiving week, and 
during the regular gun season. Either 
sex deer hunting with any legal weapon 
is permitted on all areas the Thursday 
and Friday prior to the muzzle-loading 
season described in this Paragraph for 
participants in the Disabled Sportsman 
Program. Except for the deer seasons 
above indicated and the managed 
either-sex permit hunts, the field trial 
grounds are closed to all hunting during 
the period October 22 to March 31. In 
addition to the regular hunting days, 
waterfowl may be taken on the opening 
and closing days of the applicable 
waterfowl seasons. Wild turkey hunt- 
ing is by permit only. Dove hunting on 
the field trial grounds will be prohibited 
from the second Sunday in September 
through the remainder of the hunting 
season.) 

Robeson County-Robeson Game Land 
Robeson County— Bullard and Branch 
Hunting Preserve Game Land 
Sampson County-Sampson Game 
Lands 



Stokes County— Sauratown Plantation 
Game Land 

Wayne County— Cherry Farm Game 
Land, the use of centerfire rifles and 
handguns is prohibited 
Yadkin County— Huntsville Community 
Farms Game Land 
(3) Any game may be taken on the follow- 
ing game lands during the open season, 
except that: 

(A) Bears may not be taken on lands 
designated and posted as bear sanctu- 
aries; 

(B) Wild boar may not be taken with the 
use of dogs on such bear sanctuaries, 
and wild boar may be hunted only 
during the bow and arrow seasons, 
the muzzle-loading deer season and 
the regular gun season on male deer 
on bear sanctuaries located in and 
west of the counties of Madison, 
Buncombe, Henderson and Polk; 

(C) On game lands open to deer hunting 
located in or west of the counties of 
Rockingham, Guilford, Randolph, 
Montgomery and Anson, the follow- 
ing rules apply to the use of dogs 
during the regular season for hunting 
deer with guns: 

(i) Except for the counties of Chero- 
kee, Clay, Graham, Jackson, 
Macon, Madison, Polk, and 
Swain, game birds may be hunted 
with dogs. 

(ii) In the counties of Cherokee, Clay, 
Graham, Jackson, Macon, Madi- 
son, Polk, and Swain, small game 
in season may be hunted with 
dogs on all game lands except on 
bear sanctuaries. 

(D) On Croatan, Jordan, and Shearon 
Harris Game Lands, and posted wa- 
terfowl impoundments on Goose 
Creek Game Lands, waterfowl may 
be taken only on Mondays, Wednes- 
days, Saturdays; on Thanksgiving, 
Christmas and New Year's Days; and 
on the opening and closing days of 
the applicable waterfowl seasons. 
After November 1, on the Pamlico 
Point, Campbell Creek, and Spring 
Creek impoundments, located on the 
Goose Creek Game Lands, a special 
permit is required for hunting on 
opening and closing days of the duck 



2124 



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March 15, 1995 



9:24 



PROPOSED RULES 



seasons, Saturdays of the duck sea- 
sons, and on Thanksgiving and New 
Year's day; 

(E) On the posted waterfowl impound- 
ments of Gull Rock Game Land hunt- 
ing of any species of wildlife is limit- 
ed to Mondays, Wednesdays, Satur- 
days; Thanksgiving, Christmas, and 
New Year's Days; and the opening 
and closing days of the applicable 
waterfowl seasons; 

(F) On bear sanctuaries in and west of 
Madison, Buncombe, Henderson and 
Polk Counties dogs may not be 
trained or allowed to run unleashed 
between March 1 and October 1 1 the 
Monday on or nearest October 15 ; 

(G) On Anson, New Lake, Pee Dee Riv- 
er, Pungo River, and Gull Rock 
Game Lands deer of either sex may 
be taken from the first Wednesday 
after Thanksgiving through the third 
Saturday after Thanksgiving. 

(H) On Butner-Falls of Neuse and Person 
Game Lands waterfowl may be taken 
only on Tuesdays, Thursdays and 
Saturdays, Christmas and New Year's 
Days, and on the opening and closing 
days of the applicable waterfowl 
seasons; 

(I) On Angola Bay, Butner-Falls of 
Neuse, Goose Creek, Hofmann For- 
est, and Sutton Lake Game Lands 
deer of either sex may be taken from 
the first Wednesday after Thanksgiv- 
ing through the following Saturday, 

(J) On Croatan and Neuse River Game 
Lands deer of either sex may be taken 
from the first Wednesday after 
Thanksgiving through the following 
Tuesday; 

(K) Horseback riding is allowed on the 
Caswell and Thurmond Chatham 
game lands only during June, July, 
and August and on Sundays during 
the remainder of the year except 
during open turkey and deer seasons. 
Horseback riding is allowed only on 
roads opened to vehicular traffic. 
Participants must obtain a game lands 
license prior to engaging in such 
activity; 

(L) On the posted waterfowl impound- 
ments on the Jordan and Butner-Falls 
of Neuse game lands a special permit 



is required for all waterfowl hunting. 
(M) Additional restrictions or modifica- 
tions apply as indicated in parentheses 
following specific designations: 
Alexander and Caldwell 
Counties— Brushy Mountains Game 
Lands 

Anson County— Anson Game Land 
Anson, Montgomery, Richmond and 
Stanly Counties— Pee Dee River Game 
Lands 

Ashe County- Elk Ridge Game Lands 
Three Top Mountain Game Lands 
Ashe County— Cherokee Game Lands 
Ashe and Watauga Counties— Elk 
Knob Game Land 

Avery, Buncombe, Burke, Caldwell, 
Haywood, Henderson, Jackson, Madi- 
son, McDowell, Mitchell, 
Transylvania, Watauga and Yancey 
Counties — Pisgah Game Lands 
(Harmon Den and Sherwood Bear 
Sanctuaries in Haywood County are 
closed to hunting raccoon, opossum 
and wildcat. Training raccoon and 
opossum dogs is prohibited from 
March 1 to the Monday on or nearest 
October 15 October 1 1 in that part of 
Madison County north of the French 
Broad River, south of US 25-70 and 
west of SR 1319.) 
Bertie— Bertie County Game Land 
Bertie and Washington 
Counties— Bachelor Bay Game Lands 
Beaufort and Pamlico 
Counties— Goose Creek Game Land 
Brunswick County— Green Swamp 
Game Land 

Burke and Cleveland Counties— South 
Mountains Game Lands 
Caldwell, Watauga and Wilkes 
Counties— Yadkin Game Land 
Camden-Camden County Game Land 
Carteret, Craven and Jones 
Counties— Croatan Game Lands 
Chatham County— Chatham Game 
Land 

Chatham, Durham, Orange, and 
Wake Counties— Jordan Game Lands 
(On areas posted as "archery zones" 
hunting is limited to bow and arrow. 
Horseback riding, including all equine 
species, is prohibited. Target shoot- 
ing is prohibited.) 
Chatham and Wake Counties— Shearon 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2125 



PROPOSED RULES 



Harris Game Land 

Cherokee, Clay, Graham, Jackson, 
Macon, Swain and Transylvania 
Counties— Nantahala Game Lands. 
Raccoon and opossum may be hunted 
only from sunset Friday until sunrise 
on Saturday and from sunset until 
12:00 midnight on Saturday on Fires 
Creek Bear Sanctuary in Clay County 
and in that part of Cherokee County 
north of US 64 and NC 294, east of 
Persimmon Creek and Hiwassee 
Lake, south of Hiwassee Lake and 
west of Nottely River; in the same 
part of Cherokee County dog training 
is prohibited from March 1 to the 
Monday on or nearest October 15 
October 1 1 . It is unlawful to train 
dogs or allow dogs to run unleased on 
any game land in Graham County 
between March 1 and the Monday on 
or nearest October 15 October 1 1 . 
Chowan County— Chowan Game Land 
Cleveland County— Gardner-Webb 
Game Land 

Craven County-Neuse River Game 
Land 

Currituck County— North River Game 
Land 

Currituck County— Northwest River 
Marsh Game Land 
Dare County— Dare Game Land (No 
hunting on posted parts of bombing 
range.) 

Davidson, Davie, Montgomery, 
Rowan and Stanly Counties— Alcoa 
Game Land 

Davidson County— Linwood Game 
Land 

Davidson, Montgomery and Randolph 
Counties— Uwharrie Game Land 
Duplin and Pender Counties— Angola 
Bay Game Land 

Durham, Granville and Wake 
Counties— Butner-Falls of Neuse 
Game Land ( On that part marked a s 
the Penny Bend Rabbit Research Area 
no hunting is permitted. Horseback 
riding, including all equine species, is 
prohibited. Target shooting is prohib- 
ited.) 

Gates County— Chowan Swamp Game 
Land 

Henderson, Polk and Rutherford 
Counties— Green River Game Lands 



(4) 



Hyde County-Gull Rock Game Land 
Hyde County— Pungo River Game 
Land 

Hyde and Tyrrell Counties— New 
Lake Game Land 

Jones and Onslow Counties— Hofmanrj 
Forest Game Land 
Lee County— Lee Game Land 
McDowell and Rutherford 
Counties— Dysartsville Game Lands 
Moore County— Moore Game Land 
New Hanover County— Sutton Lake 
Game Land 

Person County— Person Game Land 
Transylvania County— Toxaway Game 
Land (Deer of either sex may be 
taken with a bow and arrow on the 
Saturday prior to the first segment of 
the Western bow and arrow season by 
participants of the Disabled Sportsman 
Program.) 

Tyrrell and Washington 
Counties— Lantern Acres Game Land 
Vance County-Vance Game Land. 
(The use of dogs, centerfire rifles and 
handguns for hunting deer is prohibit- 
ed on the Nutbush Peninsula tract of 
Vance Game Lands.) 
Wilkes County—Thurmond Chatham 
Game Land (Deer of either sex may 
be taken with bow and arrow on the 
Saturday prior to Northwestern bow 
and arrow season by participants of 
the Disabled Sportsman Program.) 
Deer of either sex may be taken on the 
hunt dates indicated by holders of per- 
mits to participate in managed hunts 
scheduled and conducted in accordance 
with this Subparagraph on the game 
lands or portions of game lands includ- 
ed in the following schedule: 
Friday and Saturday of the first week 
after Thanksgiving Week: 

Uwharrie and Alcoa southeast of 
NC 49 
Thursday and Friday of the week be- 
fore Thanksgiving Week: 

Sandhills east of US 1 
Sandhills west of US 1 
Application forms for permits to partici- 
pate in managed deer hunts on game 
lands, together with pertinent informa-' 
tion and instructions, may be obtained 
from hunting and fishing license agents 
and from the Wildlife Resources Com- 



2126 



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March 15, 1995 



9:24 



PROPOSED RULES 



(5) 



mission. Completed applications must 
be received by the Commission not 
later than the first day of September 
next preceding the dates of hunt. Per- 
mits are issued by random computer 
selection, are mailed to the permittees 
prior to the hunt, and are nontransfer- 
able. A hunter making a kill must tag 
the deer and report the kill to a wildlife 
cooperator agent. 

The following game lands and Federal 
Wildlife Refuge are closed to all hunt- 
ing except to those individuals who 
have obtained a valid and current per- 
mit from the Wildlife Resources Com- 
mission: 

Bertie, Halifax and Martin 
Counties--Roanoke River 
Wetlands; 

Bertie County— Roanoke River 
National Wildlife Refuge^ 
Burke County—John's River 
Waterfowl Refuge 
Dare County— Dare Game Lands 
(Those parts of bombing range 
posted against hunting) 
Davie— Hunting Creek Swamp 
Waterfowl Refuge 
Gaston, Lincoln and Mecklenburg 
Counties— Cowan's Ford Water- 
fowl Refuge. 



Statutory Authority G.S. 113-134; 
113-291.2; 113-291.5; 113-305. 



113-264; 



********* 



******** 



iSotice is hereby given in accordance with G.S. 
150B-21 .2 that the EHNR - Commission for Health 
Services intends to amend rules cited as 15A 
NCAC 13A .0009 and .0010. 

1 he proposed effective date of this action is July 
1, 1995. 

1 he public hearing will be conducted at 1:30 pm 
on April 19, 1995 at the Ground Floor Hearing 
Room, Archdale Building, 512 North Salisbury 
Street, Raleigh, NC. 

ixeason for Proposed Action: 

ISA NCAC 13 A .0009 - To incorporate by refer- 



ence federal rules which were promulgated be- 
tween October 1 , 1994 and December 31 , 1994, 
which are needed to remain in compliance with 
EPA authorization requirements. Amends 15A 
NCAC 13A .0009 to include 40 CFR 264.179, 
264.200 and 264.232 Air Emission Standards. 
Adds new Paragraph (x) to include 40 CFR 
264.1080 through 264.1091 (Subpart CC) Air 
Emission Standards for Tanks, Surface Impound- 
ments and Containers. 

ISA NCAC 13 A .0010 - To incorporate by refer- 
ence federal rules which were promulgated be- 
tween October 1 , 1994 and December 31 , 1994, 
which are needed to remain in compliance with 
EPA authorization requirements. Amends 15A 
NCAC 13A .0010 to include 40 CFR 265.178, 
265.202 and 265.231 Air Emission Standards. 
Adds new Paragraph (u) to include 40 CFR 
265.1080 through 265.1091 (Subpart CC) Air 
Emission Standards for Tanks, Surface Impound- 
ments and Containers. 

Lsomment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to Grady L. 
Balentine, Department of Justice, PO Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by April 19, 1995. Persons who 
wish to speak at the hearing should contact Mr. 
Balentine at (919) 733-4618. Persons who call in 
advance of the hearing will be given priority on 
the speaker's list. Oral presentation lengths may 
be limited depending on the number of people that 
wish to speak at the public hearing. Only persons 
who have made comments at a public hearing or 
who have submitted written comments will be 
allowed to speak at the Commission meeting. 
Comments made at the Commission meeting must 
either clarify previous comments or proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTEREST- 
ED AND POTENTIALLY AFFECTED PERSONS, 
GROUPS, BUSINESSES, ASSOCIATIONS, INSTI- 
TUTIONS OR AGENCIES MAKE THEIR VIEWS 
AND OPINIONS KNOWN TO THE COMMISSION 
FOR HEALTH SERVICES THROUGH THE 
PUBLIC HEARING AND COMMENT PROCESS, 
WHETHER THEY SUPPORT OR OPPOSE ANY 
OR ALL PROVISIONS OF THE PROPOSED 
RULES. THE COMMISSION MAY MAKE 
CHANGES TO THE RULES AT THE COMMIS- 
SION MEETING IF THE CHANGES COMPLY 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2127 



PROPOSED RULES 



WITH G.S. 150B-21.2(F). 

CHAPTER 13 - SOLID WASTE 
MANAGEMENT 

SUBCHAPTER 13A - HAZARDOUS WASTE 
MANAGEMENT 

.0009 STANDARDS FOR OWNERS/ 
OPERATORS OF HWTSD 
FACILITIES - PART 264 

(a) Any person who treats, stores or disposes of 
hazardous waste shall comply with the require- 
ments set forth in this Section. The treatment, 
storage or disposal of hazardous waste is prohibit- 
ed except as provided in this Section. 

(b) 40 CFR 264.1 through 264.4 (Subpart A), 
"General", have been are incorporated by refer- 
ence including subsequent amendments and edi- 
tions. 

(c) 40 CFR 264. 10 through 264. 19 (Subpart B), 
"General Facility Standards", have — bee* are 
incorporated by reference including subsequent 
amendments and editions. 

(d) 40 CFR 264.30 through 264.37 (Subpart C), 
"Preparedness and Prevention", have been are 
incorporated by reference including subsequent 
amendments and editions. 

(e) 40 CFR 264.50 through 264.56 (Subpart D), 
"Contingency Plan and Emergency Procedures", 
have been are incorporated by reference including 
subsequent amendments and editions. 

(f) 40 CFR 264.70 through 264.77 (Subpart E), 
"Manifest System, Recordkeeping, and Report- 
ing", have been are incorporated by reference 
including subsequent amendments and editions. 

(g) 40 CFR 264.90 through 264.101 (Subpart 
F), "Releases From Solid Waste Management 
Units", have been are incorporated by reference 
including subsequent amendments and editions. 
For the purpose of this incorporation by reference, 
"January 26, 1983" shall be substituted for "July 
26, 1982" contained in 40 CFR 264.90(a)(2). 

(h) 40 CFR 264.110 through 264.120 (Subpart 
G), "Closure and Post-Closure", have been are 
incorporated by reference including subsequent 
amendments and editions. 

(i) 40 CFR 264.140 through 264.151 (Subpart 
H), "Financial Requirements", have — been are 
incorporated by reference including subsequent 
amendments and editions, except that 40 CFR 
264.143(a)(3), (a)(4), (a)(5), (a)(6), 40 CFR 
264.145(a)(3), (a)(4), (a)(5), and 40 CFR 
264.151(a)(1), Section 15 are not incorporated by 
reference. 



(1) The following shall be substituted for 
the provisions of 40 CFR 264.143(a)(3) 
which were not incorporated by refer- 
ence: 

The owner or operator shall deposit the 
full amount of the closure cost estimate 
at the time the fund is established. 
Within 1 year of the effective date of 
these Rules, an owner or operator using 
a closure trust fund established prior to 
the effective date of these Rules shall 
deposit an amount into the fund so that 
its value after this deposit at least 
equals the amount of the current closure 
cost estimate, or shall obtain other 
financial assurance as specified in this 
Section. 

(2) The following shall be substituted for 
the provisions of 40 CFR 264.143(a)(6) 
which were not incorporated by refer- 
ence: 

After the trust fund is established, 
whenever the current closure cost esti- 
mate changes, the owner or operator 
shall compare the new estimate with the 
trustee's most recent annual valuation 
of the trust fund. If the value of the 
fund is less than the amount of the new 
estimate, the owner or operator within 
60 days after the change in the cost 
estimate, shall either deposit an amount 
into the fund so that its value after this 
deposit at least equals the amount of the 
current closure cost estimate, or obtain 
other financial assurance as specified in 
this section to cover the difference. 

(3) The following shall be substituted for 
the provisions of 40 CFR 264. 145(a)(3) 
which were not incorporated by refer- 
ence: 

(A) Except as otherwise provided in Para- 
graph (i)(3)(B) of this Section, the 
owner or operator shall deposit the 
full amount of the post-closure cost 
estimate at the time the fund is estab- 
lished. 

(B) If the Department finds that the owner 
or operator of an inactive hazardous 
waste disposal unit cannot provide 
financial assurance for post-closure 
through any other option (e.g. surety 
bond, letter of credit, or corporate 
guarantee), a plan for annual pay- 
ments to the trust fund over the term 
of the RCRA post-closure permit may 



2128 



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March 15, 1995 



9:24 



PROPOSED RULES 



be established by the Department as a 
permit condition. 
(4) The following additional requirement 
shall apply: 

The trustee shall notify the Department 
of payment to the trust fund, by certi- 
fied mail within te» K) days following 
said payment to the trust fund. The 
notice shall contain the name of the 
Grantor, the date of payment, the 
amount of payment, and the current 
value of the trust fund, 
(j) 40 CFR 264.170 through 26 4 .17 8 264.179 
(Subpart I), "Use and Management of Containers", 
have been are incorporated by reference including 
subsequent amendments and editions. 

(k) 40 CFR 264. 190 through 26 4 .199 264.200 
(Subpart J), "Tank Systems", have been are incor- 
porated by reference including subsequent amend- 
ments and editions. 

(1) The following are requirements for Surface 
Impoundments: 

(1) 40 CFR 264.220 through 26 4 .231 
264.232 (Subpart K), "Surface Im- 
poundments", have been are incorporat- 
ed by reference including subsequent 
amendments and editions. 

(2) The following are additional standards 
for surface impoundments: 

(A) The liner system shall consist of at 
least two liners; 

(B) Artificial liners shall be equal to or 
greater than 30 mils in thickness; 

(C) Clayey liners shall be equal to or 
greater than five feet in thickness and 
have a maximum permeability of 1 .0 
x 10-7 cm/sec; 

(D) Clayey liner soils shall have the same 
characteristics as described in 
(r)(4)(B)(ii), (iii), (iv), (vi) and (vii) 
of this Rule; 

(E) A leachate collection system shall be 
constructed between the upper liner 
and the bottom liner; 

(F) A leachate detection system shall be 
constructed below the bottom liner; 
and 

(G) Surface impoundments shall be con- 
structed in such a manner to prevent 
landsliding, slippage or slumping. 

(m) 40 CFR 264.250 through 264.259 (Subpart 
L), "Waste Piles", have been are incorporated by 
reference including subsequent amendments and 
editions. 

(n) 40 CFR 264.270 through 264.283 (Subpart 



M), "Land Treatment", have been are incorporated 
by reference including subsequent amendments and 
editions. 

(o) 40 CFR 264.300 through 264.317 (Subpart 
N), "Landfills", have been are incorporated by 
reference including subsequent amendments and 
editions. 

(p) A long-term storage facility shall meet 
groundwater protection, closure and post-closure, 
and financial requirements for disposal facilities as 
specified in Paragraphs (g), (h), and (i) of this 
Rule. 

(q) 40 CFR 264.340 through 264.351 (Subpart 
O), "Incinerators", have been are incorporated by 
reference including subsequent amendments and 
editions. 

(r) The following are additional location stan- 
dards for facilities: 

(1) In addition to the location standards set 
forth in 15A NCAC 13A .0009(c), the 
Department, in determining whether to 
issue a permit for a hazardous waste 
management facility, shall consider the 
risks posed by the proximity of the 
facility to water table levels, flood 
plains, water supplies, public water 
supply watersheds, mines, natural 
resources such as wetlands, endangered 
species habitats, parks, forests, wilder- 
ness areas, and historical sites, and 
population centers and shall consider 
whether provision has been made for 
adequate buffer zones. The Department 
shall also consider ground water travel 
time, soil pH, soil cation exchange 
capacity, soil composition and perme- 
ability, slope, climate, local land use, 
transportation factors such as proximity 
to waste generators, route, route safety, 
and method of transportation, aesthetic 
factors such as the visibility, appear- 
ance, and noise level of the facility; 
potential impact on air quality, exis- 
tence of seismic activity and cavernous 
bedrock. 

(2) The following minimum separation 
distances shall be required of all haz- 
ardous waste management facilities 
except that existing facilities shall be 
required to meet these minimum separa- 
tion distances to the maximum extent 
feasible: 

(A) All hazardous waste management 
facilities shall be located at least 0.25 
miles from institutions including but 



9:24 



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March 15, 1995 



2129 



PROPOSED RULES 



not limited to schools, health care 
facilities and prisons, unless the own- 
er or operator can demonstrate that no 
unreasonable risks shall be posed by 
the proximity of the facility. 

(B) All hazardous waste treatment and 
storage facilities shall comply with the 
following separation distances: all 
hazardous waste shall be treated and 
stored a minimum of 50 feet from the 
property line of the facility; except 
that all hazardous waste with ignit- 
able, incompatible or reactive charac- 
teristics shall be treated and stored a 
minimum of 200 feet from the proper- 
ty line of the facility if the area adja- 
cent to the facility is zoned for any 
use other than industrial or is not 
zoned. 

(C) All hazardous waste landfills, 
long-term storage facilities, land 
treatment facilities and surface im- 
poundments, shall comply with the 
following separation distances: 

(i) All hazardous waste shall be 
located a minimum of 200 feet 
from the property line of the 
facility; 

(ii) Each hazardous waste landfill, 
long-term storage or surface 
impoundment facility shall be 
constructed so that the bottom of 
the facility is 10 feet or more 
above the historical high ground 
water level. The historical high 
ground water level shall be deter- 
mined by measuring the seasonal 
high ground water levels and 
predicting the long-term maxi- 
mum high ground water level 
from published data on similar 
North Carolina topographic posi- 
tions, elevations, geology, and 
climate; and 

(iii) All hazardous waste shall be 
located a minimum of 1 ,000 feet 
from the zone of influence of any 
existing off-site ground water well 
used for drinking water, and 
outside the zone of influence of 
any existing or planned on-site 
drinking water well. 

(D) Hazardous waste storage and treat- 
ment facilities for liquid waste that is 
classified as TC toxic, toxic, or acute- 



ly toxic and is stored or treated in 
tanks or containers shall not be locat- 
ed: 
(i) in the recharge area of an aquifer 
which is designated as an existing 
sole drinking water source as 
defined in the Safe Drinking 
Water Act, Section .1424(e) [42 
U.S.C. 300h-3(e)] unless an 
adequate secondary containment 
system is constructed, and after 
consideration of applicable factors 
in (r)(3) of this Rule, the owner 
or operator can demonstrate no 
unreasonable risk to public health; 
(ii) within 200 feet of surface water 
impoundments or surface water 
stream with continuous flow as 
defined by the United States 
Geological Survey; 
(iii) in an area that will allow direct 
surface or subsurface discharge to 
WS-I, WS-II or SA waters or a 
Class III Reservoir as defined in 
15A NCAC 2B .0200 and 15A 
NCAC 18C .0102; 
(iv) in an area that will allow direct 
surface or subsurface discharge to 
the watershed for a Class I or II 
Reservoir as defined in 15A 
NCAC 18C .0102; 
(v) within 200 feet horizontally of a 

100-year floodplain elevation; 
(vi) within 200 feet of a seismically 
active area as defined in (c) of 
this Rule; and 
(vii) within 200 feet of a mine, cave, 
or cavernous bedrock. 
(3) The Department may require any haz- 
ardous waste management facility to 
comply with greater separation distanc- 
es or other protective measures neces- 
sary to avoid unreasonable risks posed 
by the proximity of the facility to water 
table levels, flood plains, water sup- 
plies, public water supply watersheds, 
mines, natural resources such as 
wetlands, endangered species habitats, 
parks, forests, wilderness areas, and 
historical sites, and population centers 
or to provide an adequate buffer zone. 
The Department may also require pro : 
tective measures necessary to avoid 
unreasonable risks posed by the soil 
pH, soil cation exchange capacity, soil 



2130 



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March 15, 1995 



9:24 



PROPOSED RULES 



composition and permeability, climate, 
transportation factors such as proximity 
to waste generators, route, route safety, 
and method of transportation, aesthetic 
factors such as the visibility, appear- 
ance, and noise level of the facility, 
potential impact on air quality, and the 
existence of seismic activity and cav- 
ernous bedrock. In determining wheth- 
er to require greater separation distanc- 
es or other protective measures, the 
Department shall consider the following 
factors: 

(A) All proposed hazardous waste activi- 
ties and procedures to be associated 
with the transfer, storage, treatment 
or disposal of hazardous waste at the 
facility; 

(B) The type of hazardous waste to be 
treated, stored, or disposed of at the 
facility; 

(C) The volume of waste to be treated, 
stored, or disposed of at the facility; 

(D) Land use issues including the number 
of permanent residents in proximity to 
the facility and their distance from the 
facility; 

(E) The adequacy of facility design and 
plans for containment and control of 
sudden and non-sudden accidental 
events in combination with adequate 
off-site evacuation of potentially 
adversely impacted populations; 

(F) Other land use issues including the 
number of institutional and commer- 
cial structures such as airports and 
schools in proximity to the facility, 
their distance from the facility, and 
the particular nature of the activities 
that take place in those structures; 

(G) The lateral distance and slope from 
the facility to surface water supplies 
or to watersheds draining directly into 
surface water supplies; 

(H) The vertical distance, and type of 
soils and geologic conditions separat- 
ing the facility from the water table; 

(I) The direction and rate of flow of 
ground water from the sites and the 
extent and reliability of on-site and 
nearby data concerning seasonal and 
long-term groundwater level fluctua- 
tions; 

(J) Potential air emissions including rate, 
direction of movement, dispersion and 



exposure, whether from planned or 
accidental, uncontrolled releases; and 
(K) Any other relevant factors. 
(4) The following are additional location 
standards for landfills, long-term stor- 
age facilities and hazardous waste sur- 
face impoundments: 

(A) A hazardous waste landfill, long-term 
storage, or a surface impoundment 
facility shall not be located: 

(i) In the recharge area of an aquifer 
which is an existing sole drinking 
water source; 

(ii) Within 200 feet of a surface water 
stream with continuous flow as 
defined by the United States 
Geological Survey; 

(iii) In an area that will allow direct 
surface or subsurface discharge to 
WS-I, WS-II or SA waters or a 
Class III Reservoir as defined in 
15A NCAC 2B .0200 and 15A 
NCAC 18C .0102; 

(iv) In an area that will allow direct 
surface or subsurface discharge to 
a watershed for a Class I or II 
Reservoir as defined in 15A 
NCAC 18C .0102; 

(v) Within 200 feet horizontally of a 
100-year flood hazard elevation; 

(vi) Within 200 feet of a seismically 
active area as defined in (c) of 
this Rule; and 

(vii) Within 200 feet of a mine, cave 
or cavernous bedrock. 

(B) A hazardous waste landfill or 
long-term storage facility shall be 
located in highly weathered, relatively 
impermeable clayey formations with 
the following soil characteristics: 

(i) The depth of the unconsolidated 
soil materials shall be equal to or 
greater than 20 feet; 

(ii) The percentage of fine-grained 
soil material shall be equal to or 
greater than 30 percent passing 
through a number 200 sieve; 

(iii) Soil liquid limit shall be equal to 
or greater than 30; 

(iv) Soil plasticity index shall be equal 
to or greater than 15; 

(v) Soil compacted hydraulic conduc- 
tivity shall be a maximum of 1.0 
x 10" 7 cm/sec; 

(vi) Soil Cation Exchange Capacity 



NORTH CAROLINA REGISTER 



March 15, 1995 



2131 



PROPOSED RULES 



shall be equal to or greater than 5 
milliequivalents per 100 grams; 
(vii) Soil Potential Volume Change 
Index shall be equal to or less 
than 4; and 
(viii) Soils shall be underlain by a 
competent geologic formation 
having a rock quality designation 
equal to or greater than 75 per- 
cent unless other geological condi- 
tions afford adequate protection of 
public health and the environ- 
ment. 
(C) A hazardous waste landfill or 
long-term storage facility shall be 
located in areas of low to moderate 
relief to the extent necessary to pre- 
vent landsliding or slippage and 
slumping. The site may be graded to 
comply with this standard. 

(5) All new hazardous waste impoundments 
that close with hazardous waste residues 
left in place shall comply with the 
standards for hazardous waste landfills 
in (r)(4) of this Rule unless the appli- 
cant can demonstrate that equivalent 
protection of public health and environ- 
ment is afforded by some other stan- 
dard. 

(6) The owners and operators of all new 
hazardous waste management facilities 
shall construct and maintain a minimum 
of two observation wells, one 
upgradient and one downgradient of the 
proposed facility; and shall establish 
background groundwater concentrations 
and monitor annually for all hazardous 
wastes that the owner or operator pro- 
poses to store, treat, or dispose at the 
facility. 

(7) The owners and operators of all new 
hazardous waste facilities shall demon- 
strate that the community has had an 
opportunity to participate in the siting 
process by complying with the follow- 
ing: 

(A) The owners and operators shall hold 
at least one public meeting in the 
county in which the facility is to be 
located to inform the community of 
all hazardous waste management 
activities including but not limited to: 
the hazardous properties of the waste 
to be managed; the type of manage- 
ment proposed for the wastes; the 



mass and volume of the wastes; and 
the source of the wastes; and to allow 
the community to identify specific 
health, safety and environmental 
concerns or problems expressed by 
the community related to the hazard- 
ous waste activities associated with 
the facility. The owners and opera- 
tors shall provide a public notice of 
this meeting at least 30 days prior to 
the meeting. Public notice shall be 
documented in the facility permit 
application. The owners and opera- 
tors shall submit as part of the permit 
application a complete written tran- 
script of the meeting, all written 
material submitted that represents 
community concerns, and all other 
relevant written material distributed or 
used at the meeting. The written 
transcript and other written material 
submitted or used at the meeting shall 
be submitted to the local public li- 
brary closest to and in the county of 
the proposed site with a request that 
the information be made available to 
the public. 

(B) For the purposes of this Rule, public 
notice shall include: notification of the 
boards of county commissioners of 
the county where the proposed site is 
to be located and all contiguous coun- 
ties in North Carolina; a legal adver- 
tisement placed in a newspaper or 
newspapers serving those counties; 
and provision of a news release to at 
least one newspaper, one radio sta- 
tion, and one TV station serving these 
counties. Public notice shall include 
the time, place, and purpose of the 
meetings required by this Rule. 

(C) No less than 30 days after the first 
public meeting transcript is available 
at the local public library, the owners 
and operators shall hold at least one 
additional public meeting in order to 
attempt to resolve community con- 
cerns. The owners and operators 
shall provide public notice of this 
meeting at least 30 days prior to the 
meeting. Public notice shall be docu- 
mented in the facility permit applica- 
tion. The owners and operators shall 
submit as part of the permit applica- 
tion a complete written transcript of 



2132 



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March 15, 1995 



9:24 



PROPOSED RULES 



the meeting, all written material 
submitted that represents community 
concerns, and all other relevant writ- 
ten material distributed or used at the 
meeting. 

(D) The application, written transcripts of 
all public meetings and any additional 
material submitted or used at the 
meetings, and any additions or correc- 
tions to the application, including any 
responses to notices of deficiencies 
shall be submitted to the local library 
closest to and in the county of the 
proposed site, with a request that the 
information be made available to the 
public until the permit decision is 
made. 

(E) The Department shall consider unre- 
solved community concerns in the 
permit review process and impose 
final permit conditions based on 
sound scientific, health, safety, and 
environmental principles as authorized 
by applicable laws or rules. 

(s) 40 CFR 264.552 through 264.553 (Subpart 
S), "Corrective Action for Solid Waste Manage- 
ment Units", have been are incorporated by refer- 
ence including subsequent amendments and edi- 
tions. 

(t) 40 CFR 264.570 through 264.575 (Subpart 
W), "Drip Pads", have been are incorporated by 
reference including subsequent amendments and 
editions. 

(u) 40 CFR 264.600 through 264.603 (Subpart 
X), "Miscellaneous Units", have been are incorpo- 
rated by reference including subsequent amend- 
ments and editions. 

(v) 40 CFR 264.1030 through 264.1049 
(Subpart AA), "Air Emission Standards for Pro- 
cess Vents", have boon are incorporated by refer- 
ence including subsequent amendments and edi- 
tions. 

(w) 40 CFR 264.1050 through 264.1079 
(Subpart BB), "Air Emission Standards for Equip- 
ment Leaks", have boon are incorporated by 
reference including subsequent amendments and 
editions. 

{x} 40 CFR 264.1080 through 264.1091 
(Subpart CC), "Air Emission Standards for Tanks, 
Surface Impoundments, and Containers", are 
incorporated by reference including subsequent 
amendments and editions. 

iy) 0040 CFR 264.1100 through 264.1102 
(Subpart DD), "Containment Buildings", have 
beeft are incorporated by reference including 



subsequent amendments and editions. 

(z} <y)Appendices to 40 CFR Part 264 have 
been are incorporated by reference including 
subsequent amendments and editions. 

Statutory Authority G.S. 130A-294(c); 150B-21.6. 

.0010 INTERIM STATUS STDS FOR 
OWNERS-OP OF HWTSD 
FACILITIES - PART 265 

(a) 40 CFR 265.1 through 265.4 (Subpart A), 
"General", have been are incorporated by refer- 
ence including subsequent amendments and edi- 
tions. 

(b) 40 CFR 265. 10 through 265. 19 (Subpart B), 
"General Facility Standards", have — been are 
incorporated by reference including subsequent 
amendments and editions. 

(c) 40 CFR 265.30 through 265.37 (Subpart C), 
"Preparedness and Prevention", have been are 
incorporated by reference including subsequent 
amendments and editions. 

(d) 40 CFR 265.50 through 265.56 (Subpart D), 
"Contingency Plan and Emergency Procedures", 
have been are incorporated by reference including 
subsequent amendments and editions. 

(e) 40 CFR 265.70 through 265.77 (Subpart E), 
"Manifest System, Recordkeeping, and Report- 
ing", have been are incorporated by reference 
including subsequent amendments and editions. 

(f) 40 CFR 265.90 through 265.94 (Subpart F), 
"Ground-Water Monitoring", have been are incor- 
porated by reference including subsequent amend- 
ments and editions. 

(g) 40 CFR 265.110 through 265.120 (Subpart 
G), "Closure and Post-Closure", have been are 
incorporated by reference including subsequent 
amendments and editions. 

(li) 40 CFR 265.140 through 265.151 (Subpart 
H), "Financial Requirements", have been are 
incorporated by reference including subsequent 
amendments and editions, except that 40 CFR 
265.143(a)(3), (a)(4), (a)(5), (a)(6), and 40 CFR 
265.145(a)(3), (a)(4), (a)(5), are not incorporated 
by reference. 

(1) The following shall be substituted for 
the provisions of 40 CFR 265. 143(a)(3) 
which were not incorporated by refer- 
ence: 

The owner or operator shall deposit the 
full amount of the closure cost estimate 
at the time the fund is established. 
Within 1 year of the effective date of 
these Rules, an owner or operator using 
a closure trust fund established prior to 



9:24 



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March 15, 1995 



2133 



PROPOSED RULES 



the effective date of these Rules shall 
deposit an amount into the fund so that 
its value after this deposit at least 
equals the amount of the current closure 
cost estimate, or shall obtain other 
financial assurance as specified in this 
Section. 

(2) The following shall be substituted for 
the provisions of 40 CFR 265. 143(a)(6) 
which were not incorporated by refer- 
ence: 

After the trust fund is established, 
whenever the current closure cost esti- 
mate changes, the owner or operator 
shall compare the new estimate with the 
trustee's most recent annual valuation 
of the trust fund. If the value of the 
fund is less than the amount of the new 
estimate, the owner or operator within 
60 days after the change in the cost 
estimate, shall either deposit an amount 
into the fund so that its value after this 
deposit at least equals the amount of the 
current closure cost estimate, or obtain 
other financial assurance as specified in 
this Section to cover the difference. 

(3) The following shall be substituted for 
the provisions of 40 CFR 265.145(a)(3) 
which were not incorporated by refer- 
ence: 

(A) Except as otherwise provided in Para- 
graph (h)(3)(B) of this Section, the 
owner or operator shall deposit the 
full amount of the post-closure cost 
estimate at the time the fund is estab- 
lished. 

(B) If the Department finds that the owner 
or operator of an inactive hazardous 
waste disposal unit cannot provide 
financial assurance for post-closure 
through any other option (e.g. surety 
bond, letter of credit, or corporate 
guarantee), a plan for annual pay- 
ments to the trust fund during the 
interim status period may be estab- 
lished by the Department by use of an 
Administrative Order. 

(i) 40 CFR 265.170 through 265.177 265.178 
(Subpart I), "Use and Management of Containers", 
have been are incorporated by reference including 
subsequent amendments and editions. Additional- 
ly, the owner or operator shall keep records and 
results of required inspections for at least three 
years from the date of the inspection. 

(j) 40 CFR 265.190 through 265.201 265.202 



(Subpart J), "Tank Systems", have been are incor- 
porated by reference including subsequent amend- 
ments and editions. 

(k) 40 CFR 265.220 through 265.230 265.231 
(Subpart K), "Surface Impoundments", have beca 
are incorporated by reference including subsequent 
amendments and editions. 

(1) 40 CFR 265.250 through 265.260 (Subpart 
L), "Waste Piles", have been are incorporated by 
reference including subsequent amendments and 
editions. 

(m) 40 CFR 265.270 through 265.282 (Subpart 
M), "Land Treatment", have been are incorporated 
by reference including subsequent amendments and 
editions. 

(n) 40 CFR 265.300 through 265.316 (Subpart 
N), "Landfills", have been are incorporated by 
reference including subsequent amendments and 
editions. 

(o) 40 CFR 265.340 through 265.352 (Subpart 
O), "Incinerators", have been are incorporated by 
reference including subsequent amendments and 
editions. 

(p) 40 CFR 265.370 through 265.383 (Subpart 
P), "Thermal Treatment", have been are incorpo- 
rated by reference including subsequent amend- 
ments and editions. 

(q) 40 CFR 265.400 through 265.406 (Subpart 
Q), "Chemical, Physical, and Biological Treat- 
ment", have been are incorporated by reference 
including subsequent amendments and editions. 

(r) 40 CFR 265.440 through 265.445 (Subpart 
W), "Drip Pads", have been are incorporated by 
reference including subsequent amendments and 
editions. 

(s) 40 CFR 265. 1030 through 265. 1049 (Subpart 
AA), "Air Emission Standards for Process Vents", 
have been are incorporated by reference including 
subsequent amendments and editions. 

(t) 40 CFR 265. 1050 through 265. 1079 (Subpart 
BB), "Air Emission Standards for Equipment 
Leaks", have been are incorporated by reference 
including subsequent amendments and editions. 

(u} 40 CFR 265.1080 through 265.1091 
(Subpart CO, "Air Emission Standards for Tanks, 
Surface Impoundments, and Containers", are 
incorporated by reference including subsequent 
amendments and editions. 

(v) <«)40 CFR 265.1100 through 265.1102 
(Subpart DD), "Containment Buildings", have 
been are incorporated by reference including 
subsequent amendments and editions. 

(w) ^Appendices to 40 CFR Part 265 have 
been are incorporated by reference including 
subsequent amendments and editions. 



2134 



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9:24 



PROPOSED RULES 



Statutory Authority G.S. 130A-294(c); 150B-21.6. 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Commission for Health 
Services intends to amend rules cited as 15 A 
NCAC 16A . 1103, . 1104 and .1106. 

1 he proposed effective date of this action is July 
1, 1995. 

1 he public hearing will be conducted at 1:30 pm 
on April 19, 1995 at the Ground Floor Hearing 
Room, Archdale Building, 512 North Salisbury 
Street, Raleigh, NC. 

MXeason for Proposed Action: The major reason 
for the proposed changes in the rules of the Can- 
cer Control Program is to bring them more in line 
with current acceptable medical practices. Many 
diagnostic examinations used for cancer in the past 
have taken place in a hospital setting. The current 
trend is for these tests to be performed on an 
outpatient basis, given the high cost of inpatient 
care. 

Many providers have expressed concern that the 
current limitations of days for outpatient and 
inpatient care are insufficient to complete diagnos- 
tic workups and treatment plans for cancer pa- 
tients. Therefore, the Program seeks to increase 
the number of days for these services. Also, some 
providers are reluctant to refer eligible patients to 
the Program since it does not provide reimburse- 
ment for necessary follow-up days. 

The adoption of nationally accepted medical 
practices will standardize the procedures for 
management of cervical intraepithelial neoplasia. 
Use of the National Cancer Institute's SEER data 
will provide a guide for the physicians who must 
determine patient survival rates. 

The proposed changes will allow the Program to 
provide a more comprehensive plan of care for 
cancer pateints and enhance the ability of the 
Program to recruit and retain providers. 

Ksomment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 



the public hearing or submitted to Grady L. 
Balentine, Department of Justice, PO Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by April 19, 1995. Persons who 
wish to speak at the hearing should contact Mr. 
Balentine at (919) 733-4618. Persons who call in 
advance of the hearing will be given priority on 
the speaker 's list. Oral presentation lengths may 
be limited depending on the number of people that 
wish to speak at the public hearing. Only persons 
who have made comments at a public hearing or 
who have submitted written comments will be 
allowed to speak at the Commission meeting. 
Comments made at the Commission meeting must 
either clarify previous comments or proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTEREST- 
ED AND POTENTIALLY AFFECTED PERSONS, 
GROUPS, BUSINESSES, ASSOCIATIONS, INSTI- 
TUTIONS OR AGENCIES MAKE THEIR VIEWS 
AND OPINIONS KNOWN TO THE COMMISSION 
FOR HEALTH SERVICES THROUGH THE 
PUBLIC HEARING AND COMMENT PROCESS, 
WHETHER THEY SUPPORT OR OPPOSE ANY 
OR ALL PROVISIONS OF THE PROPOSED 
RULES. THE COMMISSION MAY MAKE 
CHANGES TO THE RULES AT THE COMMIS- 
SION MEETING IF THE CHANGES COMPLY 
WITH G.S. 150B-21.2(F). 

CHAPTER 16 - ADULT HEALTH 

SUBCHAPTER 16A - CHRONIC DISEASE 

SECTION .1100 - CANCER DIAGNOSTIC 
AND TREATMENT PROGRAM 

. 1 103 LIMITATIONS ON DAYS OF 
SERVICE 

(a) Financial assistance shall be provided for 
diagnostic services for one day of service s on an 
inpatient basis or up to two days of services on an 
outpatient basi s up to eight days per year per 
patient. The Program shall authorize the number 
of days for reimbursement based on the medical 
condition of the patient and the procedure to be 
performed. 
(1) Applications for inpatient diagnostic 
services shall be accompanied by a writ- 
ten, signed statement from the attending 
physician that includes the following: 
(A) the medical reason that the inpatient 
services are required; and 



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March 15, 1995 



2135 



PROPOSED RULES 



(B) the medical reason such services cannot 
be performed on an outpatient basis. 

(2) The statement in Subparagraph (a)(1) of 
this Rule may be in the form of a workup 
protocol, clinical notes, medical history, 
or other medical document in lieu of a 
separately prepared statement. 

(3) The statement in Subparagraph (a)(1) of 
this Rule shall be reviewed by the Pro- 
gram which shall assess the medical 
need for inpatient diagnostic services. 

(b) Financial assistance shall be provided for 
treatment services , for up to eight days of inpatient 
services or up to 16 day s of outpatient s ervices per 
year or an equivalent combination thereof for each 
for up to 30 days per year per patient. The Pro- 
gram shall authorize the number of days for 
reimbursement based on the medical condition of 
the patient and the procedure to be performed. 

Statutory Authority G.S. 130A-220. 

.1104 COVERED SERVICES 

(a) Covered services shall include diagnostic and 
treatment services for cancer or a condition sug- 
gestive of cancer. Physical therapy following 
surgery, where medically indicated, is an approved 
treatment service. 

(b) Service restrictions: 

(1) Dental treatment is not covered except 
in cases of head and neck cancer when 
necessary for the delivery of oncologic 
care. 

(2) The Program shall not cover late dis- 
charge fees, transportation, telephone 
calls, or other miscellaneous charges. 

(3) Cosmetic surgery shall not be covered. 
This does not preclude the coverage of 
functional, reconstructive surgery. 

(4) Ancillary diagnostic studies shall be 
authorized only when they are deter- 
mined by the Program to be directly 
related to the confirmation of a diagno- 
sis of cancer or are necessary for treat- 
ment planning. 

(5) The Program s hall not may authorize 
reimbursement for up to two follow-up 
office visits after completion of diag- 
nostic studies or treatment. These visits 
shall be included within the days al- 
lowed for diagnostic and treatment 
services. However, this docs not pro 
hibit coverage of diagnosis or treatment 
of a recurrent di s ea s e. 

(6) For patients suspected of having ccrvi 



cal intraepithelial neoplasia, the Pro - 
gram will not authorize treatment acr - 
vic es — unless — a — colposcopie — directed 
biopsy to determine appropriate therapy 

has been performed. Dingnoatic or 

therapeutic conization or loop excision 
of the cervix will be con o idcrcd medi - 
cally necessary if one or more of the 
following condition s arc met and docu - 
mented: Treatment for patients suspect- 
ed of having cervical intraepithelial 
neoplasia shall be performed in accor- 
dance with the guidelines of the Ameri- 
can College of Obstetricians and Gyne- 
cologists (ACOG) contained in Techni- 
cal Bulletin Number 183 - August 
1993, which is incorporated herein by 
reference in accordance with G.S. 
150B-21.6, along with any subsequent 
amendments and editions. Copies of 
the guidelines can be obtained by call- 
ing (919)715-3370 or by writing to the 
Cancer Control Program, P.O. Box 
27687, Raleigh, North Carolina 27611- 
7687. 
(A) — Unsatisfactory colposcopy due to an 
inability to visualize the entire lesion 
or the transformation zone; 
{fy — Positive cndoccrvical curettage; or 
(€} — Cytologic or histologic suspicion of 
invasive cancer. 
Conization of the cervix will be covered only on 
an outpatient basis unless the Program determines 
that the patient's health would be jeopardized by 
service provided on an outpatient basis. 

f7-) Hy s terectomy will not be covered as a 

primary therapy fe-r- cervical 

intraepithelial neoplasia. 

(7) (&)The use of any treatment, equip- 
ment, drug, device or supply not recog- 
nized as having scientifically established 
medical value nor accepted as standard 
medical treatment for the condition 
being treated, as determined by the 
Program, will not be covered. 

(8) {9)Inpatient services shall not be autho- 
rized unless the hospital is licensed in 
the State of North Carolina under Gen- 
eral Statute 131E-5, the Hospital Licen- 
sure Act, or under conditions of partici- 
pation for Medicare (Title XVIII of the 
Social Security Act) or Medicaid (Title 
XIX of the Social Security Act). 

(c) Meals and overnight accommodations, in a 
motel, home, boarding house, ambulatory care 



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March 15, 1995 



9:24 



PROPOSED RULES 



facility, or similar facility for patients receiving 
covered services on an outpatient basis shall be 
covered by the Program if the patient's residence 
is at least 50 miles from the medical facility 
providing the outpatient services. 

(1) Reimbursement for actual expenses 
shall not exceed the maximum allow- 
able subsistence (meals and accommo- 
dations) for state employees in the 
course of their official duties, found in 
G.S. 138-6, based on those rates of 
reimbursement in effect at the time of 
the authorization of these expenses by 
the Program. 

(2) Program authorization of meals and 
accommodations shall be limited to the 
maximum number of days of service 
coverage. However, the Program shall 
cover meals and accommodations for 
weekends between the periods during 
which treatment is authorized. 

(3) Authorization Requests for meals and 
accommodations shall state the number 
of days which will be required, as well 
as the dates of service on which outpa- 
tient diagnostic or treatment services 
shall be rendered. 



reference in accordance with G.S. 150B-21.6. 
along with any subsequent amendments and edi- 
tions. They may be used by physicians to assist 
with estimating survival. Copies of the rates can 
be obtained by calling (919)715-3370 or by writing 
to the Cancer Control Program, P.O. Box 27687, 
Raleigh, North Carolina 27611-7687. 

(e) All requests for treatment shall be reviewed 
by the Program. Such requests shall be authorized 
when the Program determines that there is at least 
a 25 percent chance of five-year survival with 
initial treatment and that the services to be provid- 
ed are medically necessary to improve the chance 
of survival. In determining medical eligibility, the 
Program may confer with the patient's attending 
physician, members of the Cancer Committee of 
the North Carolina Medical Society, and other 
physicians trained in the treatment of cancer. 

(f) All requests for chemotherapy shall be 
accompanied by a protocol describing the treat- 
ment being requested. 

Statutory Authority G.S. 130A-205; Sec. 301 & 
31 7, Public Health Services Act, as amended. 



Statutory Authority G.S. 130A-205; Sec. 301 & 
31 7 Public Health Services Act, as amended. 

.1106 MEDICAL ELIGIBILITY 

(a) To be medically eligible for diagnostic 
authorization, a patient must have a condition 
strongly suspicious of cancer which requires 
diagnostic services to confirm the preliminary 
diagnosis. The Program shall authorize only those 
services determined by the program to be medical- 
ly necessary to confirm a preliminary diagnosis. 

(b) Diagnostic services for suspected cervical 
intraepithelial neoplasia shall be covered by the 
Program if there is cytologic evidence suggestive 
of cervical intraepithelial neoplasia. 

(c) A positive pathology report shall be required 
before treatment services can be authorized by the 
Program . 

(d) Before treatment services may can be autho- 
rized, the attending physician must certify that 
there is a 25 percent or better chance of five-year 
survival with initial treatment. The Program shall 
use the current five-year relative survival rates 
published by the National Cancer Institute's Sur- 
veillance. Epidemiology, and End Results (SEER) 
Program as a guide for evaluating requests for 
treatment. These rates are incorporated herein by 



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2137 



PROPOSED RULES 



IS otice is hereby given in accordance with G.S. 150B-21.2 that the EHNR - Commission for Health Services 
intends to amend rules cited as 15 A NCAC 18A . 1935 and . 1956. 

1 he proposed effective date of this action is July 1 , 1995. 

1 he public hearing will be conducted at 1:30pm on April 19, 1995 at the Ground Floor Hearing Room, 
Archdale Building, 512 N. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: 

15A NCAC 18A .1935 - To amend the definitions for "Rock" (34), "Saprolite" (36), and "Soil" (41) to be 

consistent with current technology and proposed amendment to 15A NCAC 18A .1956(6). 

ISA NCAC 18A .1956 - To amend the rule governing modifications to conventional septic tank systems that 

have been classified Unsuitable as to soil depth. To provide procedures for evaluating saprolite. To provide 

for the increased usage of saprolite in accordance with recent research related to wastewater disposal in 

saprolite. 

Ksomment Procedures: All persons interested in these matters are invited to attend the public hearing. 
Written comments may be presented at the public hearing or submitted to Grady L. Balentine, Department of 
Justice, PO Box 629, Raleigh, NC 27602-0629. All written comments must be received by April 19, 1995. 
Persons who wish to speak at the hearing should contact Mr. Balentine at (919) 733-4618. Persons who call 
in advance of the hearing will be given priority on the speaker's list. Oral presentation lengths may be limited 
depending on the number of people that wish to speak at the public hearing. Only persons who have made 
comments at a public hearing or who have submitted written comments will be allowed to speak at the 
Commission meeting. Comments made at the Commission meeting must either clarify previous comments or 
proposed changes from staff pursuant to comments made during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTERESTED AND POTENTIALLY AFFECTED PERSONS, GROUPS, 
BUSINESSES, ASSOCIATIONS, INSTITUTIONS OR AGENCIES MAKE THEIR VIEWS AND OPINIONS 
KNOWN TO THE COMMISSION FOR HEALTH SERVICES THROUGH THE PUBLIC HEARING AND 
COMMENT PROCESS, WHETHER THEY SUPPORT OR OPPOSE ANY OR ALL PROVISIONS OF THE 
PROPOSED RULES. THE COMMISSION MAY MAKE CHANGES TO THE RULES AT THE COMMISSION 
MEETING IF THE CHANGES COMPLY WITH G.S. 150B-21.2(F). 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18 A - SANITATION 

SECTION .1900 - SEWAGE TREATMENT AND DISPOSAL SYSTEMS 

.1935 DEFINITIONS 

The following definitions shall apply throughout this Section: 

(1) "Alluvial Soils" means stratified soils without distinct horizons, deposited by flood waters. 

(2) "Alternative System" means any approved ground absorption sewage treatment and disposal system 
other than an approved privy or an approved septic tank system. 

(3) "Approved" means that which has been considered acceptable to the State or local health department. 

(4) "Approved Privy" means a fly-tight structure consisting of a pit, floor slab, and seat riser constructed 
in accordance with Rule .1959 of this Section. 

(5) "Approved Public or Community Sewage System" means a single system of sewage collection, 
treatment, and disposal owned and operated by a sanitary district, a metropolitan sewage district, a 
water and sewer authority, a county or municipality, or a public utility, constructed and operated in 



2138 NORTH CAROLINA REGISTER March 15, 1995 9:24 



PROPOSED RULES 



compliance with applicable requirements of the Division of Environmental Management. 

(6) "Areas subject to frequent flooding" means those areas inundated at a 10-year or less frequency and 
includes alluvial soils and areas subject to tidal or storm overwash. 

(7) "Collection sewer" means gravity flow pipelines, force mains, effluent supply lines, and appliances 
appurtenant thereto, used for conducting wastes from building drains to a treatment system or to a 
ground absorption sewage treatment and disposal system. 

(8) "Designated wetland" means an area on the land surface established under the provisions of the 
Coastal Area Management Act or the Federal Clean Water Act. 

(9) "Design unit" means one or more dwelling units, places of business, or places of public assembly 
on: 

(a) a single lot or tract of land; 

(b) multiple lots or tracts of land served by a common ground absorption sewage treatment and 
disposal system; or 

(c) a single lot or tract of land or multiple lots or tracts of land where the dwelling units, places of 
business or places of public assembly are under multiple ownership (e.g. condominiums) and are 
served by a ground absorption system or multiple ground absorption systems which are under 
common or joint ownership or control. 

(10) "Dwelling unit" means any room or group of rooms located within a structure and forming a single, 
habitable unit with facilities which are used or intended to be used for living, sleeping, bathing, toilet 
usage, cooking, and eating. 

(11) "Effluent" means the liquid discharge of a septic tank or other sewage treatment device. 

(12) "Ground absorption sewage treatment and disposal system" means a system that utilizes the soil for 
the subsurface disposal of partially treated or treated sewage effluent. 

(13) "Horizon" means a layer of soil, approximately parallel to the surface, that has distinct characteristics 
produced by soil forming processes. 

(14) "Local health department" means any county, district, or other health department authorized to be 
organized under the General Statutes of North Carolina. 

(15) "Mean high water mark" means, for coastal waters having six inches or more lunar tidal influence, 
the average height of the high water over a 19 year period as may be ascertained from National 
Ocean Survey or U.S. Army Corps of Engineers tide stations data or as otherwise determined under 
the provisions of the Coastal Area Management Act. 

(16) "Naturally occurring soil" means soil formed in place due to natural weathering processes and being 
unaltered by filling, removal, or other man-induced changes other than tillage. 

(17) "Nitrification field" means the area in which the nitrification lines are located. 

(18) "Nitrification lines" means approved pipe, specially designed porous blocks, or other approved 
materials which receive partially treated sewage effluent for distribution and absorption into the soil 
beneath the ground surface. 

(19) "Nitrification trench", also referred to as a sewage absorption trench, means a ditch into which a 
single nitrification line is laid and covered by soil. 

(20) "Non-ground absorption sewage treatment system" means a facility for waste treatment designed not 
to discharge to the soil, land surface, or surface waters, including but not limited to, approved vault 
privies, incinerating toilets, mechanical toilets, composting toilets, chemical toilets, and recycling 
systems. 

(21) "Organic soils" means those organic mucks and peats consisting of more than 20 percent organic 
matter (by dry weight) and 18 inches or greater in thickness. 

(22) "Parent material" means the mineral matter that is in its present position through deposition by water, 
wind, gravity or by decomposition of rock and exposed at the land surface or overlain by soil or 
saprolite. 

(23) "Ped" means a unit of soil structure, such as an aggregate, crumb, prism, block, or granule formed 
by natural processes. 

(24) "Perched water table" means a saturated zone, generally above the natural water table, as identified 
by drainage mottles caused by a restrictive horizon. 

(25) "Person" means any individual, firm, association, organization, partnership, business trust, 
corporation, company, or unit of local government. 

(26) "Place of business" means any store, warehouse, manufacturing establishment, place of amusement 



NORTH CAROLINA REGISTER March 15, 1995 2139 



PROPOSED RULES 



or recreation, service station, foodhandling establishment, or any other place where people work or 
are served. 

(27) "Place of public assembly" means any fairground, auditorium, stadium, church, campground, theater, 
school, or any other place where people gather or congregate. 

(28) "Privy building" means and includes any and all buildings which are used for privacy in the acts of 
urination and defecation which are constructed over pit privies and are not connected to a ground 
absorption sewage treatment and disposal system or a public or community sewage system. 

(29) "Public management entity" means a city (G.S. 160A, Article 16), county (G.S. 153A, Article 15), 
interlocal contract (G.S. 153A, Article 16), joint management agency (G.S. 160A-461 -462), county 
service district (G.S. 153A, Article 16), county water and sewer district (G.S. 162A, Article 6), 
sanitary district (G.S. 130A, Article 2), water and sewer authority (G.S. 162A, Article 1), 
metropolitan water district (G.S. 162A, Article 4), metropolitan sewerage district (G.S. 162A, 
Article 5), public utility [G.S. 62-3(23)], county or district health department (G.S. 130A, Article 
2), or other public entity legally authorized to operate and maintain on-site sewage systems. 

(30) "Relocation" means the displacement of a residence, place of business, or place of public assembly 
from one location to another. 

(31) "Repair area" means an area, either in its natural state or which is capable of being modified, 
consistent with these Rules, which is reserved for the installation of additional nitrification fields and 
is not covered with structures or impervious materials. 

(32) "Residence" means any home, hotel, motel, summer camp, labor work camp, mobile home, dwelling 
unit in a multiple-family structure, or any other place where people reside. 

(33) "Restrictive horizon" means a soil horizon that is capable of perching ground water or sewage 
effluent and that is brittle and strongly compacted or strongly cemented with iron, aluminum, silica, 
organic matter, or other compounds. Restrictive horizons may occur as fragipans, iron pans or 
organic pans, and are recognized by their resistance in excavation or in using a soil auger. 

(34) "Rock" means the con s olidated or partially consolidated mineral matter or aggregate, including 
bedrock or weathered rock, not exhibiting the properties of soil and exposed at the land surface or 
overlain by soil or saprolite. "Rock" means the body of consolidated or partially consolidated 
material composed of minerals at or below the land surface. Rock includes bedrock and partially 
weathered rock that is relatively hard and cannot be easily dug with hand tools when moist. The 
upper boundary of rock is "saprolite", "soil", or the land surface. Water movement through rock 
is mainly along fractures. 

(35) "Sanitary system of sewage treatment and disposal" means a complete system of sewage collection, 
treatment and disposal, including approved privies, septic tank systems, connection to public or 
community sewage systems, incinerators, mechanical toilets, composting toilets, recycling toilets, 
mechanical aeration systems, or other such systems. 

(36) "Saprolite" means thoroughly decompo s ed earthy mineral matter, weathered in place from igneous 
or metamorphic rock and u s ually overlain by s oil and exhibiting some properties of rock. 
"Saprolite" means the body of soft, friable to firm when moist, and porous material formed in place 
by weathering of igneous or metamorphic rocks. Saprolite has a massive, rock-controlled structure, 
and retains the fabric (arrangement of minerals) of jts parent rock in at least 50 percent of its volume 
as evaluated at a given depth on the walls of an open pit dug into saprolite. Saprolite can be easily 
dug with hand tools, and m general jt conducts water between individual grains and various types 
of pores such as tubular pores. The lower limit of saprolite js "rock" and its upper limit is "soil" 
or the land surface. 

(37) "Septic tank" means a water-tight, covered receptacle designed for primary treatment of sewage and 
constructed to: 

(a) receive the discharge of sewage from a building; 

(b) separate settleable and floating solids from the liquid; 

(c) digest organic matter by anaerobic bacterial action; 

(d) store digested solids through a period of detention; and 

(e) allow clarified liquids to discharge for additional treatment and final disposal. 

(38) "Septic tank system" means a subsurface sanitary sewage system consisting of a septic tank and a 
subsurface disposal field. 

(39) "Sewage" means the liquid and solid human waste and liquid waste generated by water-using fixtures 



2140 NORTH CAROLINA REGISTER March 15, 1995 9:24 



PROPOSED RULES 



and appliances, including those associated with food handling. The term does not include industrial 
process wastewater or sewage that is combined with industrial process wastewater. 

(40) "Site" means the area in which the sewage treatment and disposal system is to be located and the area 
required to accommodate repairs and replacement of nitrification field and permit proper functioning 
of the system. 

(41) "Soil" means the naturally occurring, unconsolidated mineral and organic material of the land surface 
developed from rock or other parent material and consists of sand, silt, and clay sized particle s and 
variable amount of organic materials. — Soil docs not exhibit properties of rock or parent material. 
However, zones of tran s ition in which soil characteristics predominate shall be considered soil. 
"Soil" means the naturally occurring body of soft, friable to firm when moist, and porous mineral 
and organic materials on the land surface that is capable of supporting the growth of plants outdoors- 
Soil is composed of sand-, silt-, and clay-sized particles that are mixed with varying amounts of 
larger fragments and some organic material. Soil differs from saprolite in that it contains many roots 
and organisms, and the rock fabric of the parent material is visible in less than 50 percent of its 
volume as evaluated by auger boring or assessed at a given depth on the walls of an open pit. In 
general, soil conducts water through the planar voids as well as the individual grains and tubular 
pores created by roots and organisms. The upper limit of the soil is the land surface, and its lower 
limit is "rock", "saprolite", or other materials where roots cannot penetrate except along fractures 
that are spaced at intervals of 10 cm or more. 

(42) "Soil structure" means the arrangement of primary soil particles into compound particles, peds, or 
clusters that are separated by natural planes of weakness from adjoining aggregates. 

(43) "Soil textural classes" means soil classification based upon size distribution of mineral particles in 
the fine-earth fraction less than two millimeters in diameter. The fine-earth fraction includes sand 
(2.0 - 0.05 mm in size), silt (less than 0.05 mm - 0.002 mm or greater in size), and clay (less than 
0.002 mm in size) particles. The specific textural classes are defined as follows and as shown in Soil 
Taxonomy, Appendix I, which is hereby adopted by reference in accordance with G.S. 150B- 14(c): 

(a) "Sand" means soil material that contains 85 percent or more of sand; the percentage of silt plus 1 .5 
times the percentage of clay shall not exceed 15. 

(b) "Loamy sand" means soil material that contains at the upper limit 85 to 90 percent sand, and the 
percentage silt plus 1.5 times the percentage of clay is not less than 15; at the lower limit it 
contains not less than 70 to 85 percent sand, and the percentage of silt plus twice the percentage 
of clay does not exceed 30. 

(c) "Sandy loam" means soil material that contains either 20 percent clay or less, and the percentage 
of silt plus twice the percentage of clay exceeds 30, and contains 52 percent or more sand; or less 
than seven percent clay, less than 50 percent silt, and between 43 and 52 percent sand. 

(d) "Loam" means soil material that contains seven to 27 percent clay, 28 to 50 percent silt, and less 
than 52 percent sand. 

(e) "Silt loam" means soil material that contains 50 percent or more silt and 12 to 27 percent clay; or 
contains 50 to 80 percent silt and less than 12 percent clay. 

(f) "Silt" means soil material that contains 80 percent or more silt and less than 12 percent clay. 

(g) "Sandy clay loam" means soil material that contains 20 to 35 percent clay, less than 28 percent silt, 
and 45 percent or more sand. 

(h) "Clay loam" means soil material that contains 27 to 40 percent clay and 20 to 45 percent sand, 
(i) "Silty clay loam" means soil material that contains 27 to 40 percent clay and less than 20 percent 

sand, 
(j) "Sandy clay" means soil material that contains 35 percent or more clay and 45 percent or more 

sand, 
(k) "Silty clay" means soil material that contains 40 percent or more clay and 40 percent or more silt. 
(1) "Clay" means soil material that contains 40 percent or more clay, less than 45 percent sand, and 

less than 40 percent silt. 

(44) "State" means the Department of Environment, Health, and Natural Resources, Division of 
Environmental Health. 

(45) "Stream" means a natural or manmade channel, including groundwater lowering ditches and devices, 
in which water flows or stands most of the year. 

(46) "Subsurface disposal" means the application of sewage effluent beneath the surface of the ground by 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2141 



PROPOSED RULES 



distribution through approved nitrification lines. 
Statutory Authority G.S. 130A-335(e) and (f). 

.1956 MODIFICATIONS TO SEPTIC TANK SYSTEMS 

The following are modifications to septic tank systems which may be utilized to overcome selected soil and 
site limitations. Except as required in this Rule, the provisions for design and installation of Rule . 1955 of 
this Section shall apply: 

(1) Sites classified UNSUITABLE as to soil depth or soil wetness may be reclassified as PROVISION- 
ALLY SUITABLE with respect to soil depth or soil wetness conditions by utilizing shallow 
placement of nitrification trenches in the naturally occurring soil. Shallow trenches may be used 
where at least 24 inches of naturally occurring soil are present above saprolite, rock, or soil wetness 
conditions and all other factors are PROVISIONALLY SUITABLE or SUITABLE. Shallow trenches 
shall be designed and constructed to meet the vertical separation requirements in Rule .1955(m) of 
this Section. The long-term acceptance rate shall be based on the most hydraulically limiting 
naturally occurring soil horizon within 24 inches of the ground surface or to a depth of one foot 
below the trench bottom, whichever is deeper. Soil cover above the original grade shall be placed 
at a uniform depth over the entire nitrification field and shall extend laterally five feet beyond the 
nitrification trench. The soil cover shall be placed over a nitrification field only after proper 
preparation of the original ground surface. The type and placement of soil cover shall be approved 
by the local health department. 

(2) Sites classified UNSUITABLE as to soil wetness conditions or restrictive horizons may be 
reclassified PROVISIONALLY SUITABLE as to soil wetness conditions or restrictive horizons 
when: 

(a) Soils are Soil Groups I or II with SUITABLE structure, and clay mineralogy; 

(b) Restrictive horizons, if present, are less than three inches thick or less than 12 inches from the soil 
surface; 

(c) Modifications can be made to meet the requirements in Rule .1955(m) of this Section for the 
separation between the water table and the bottom of the nitrification trench at all times and when 
provisions are made for maintenance of the drainage systems; 

(d) Easements are recorded and have adequate width for egress and ingress for maintenance of 
drainage systems serving two or more lots; 

(e) Maintenance of the drainage system is made a condition of any permit issued for the use or 
operation of a sanitary sewage system; and 

(f) Drainage may be used in other types of soil when the requirements of Rule . 1957(c) in this Section 
are met. 

(3) Modified nitrification trenches or lines, including large diameter pipe (greater than four inches I.D.), 
and specially designed porous block systems may be permitted by the local health department. 

(a) Gravelless nitrification trench systems may be substituted for conventional trench systems on any 

site found to be suitable or provisionally suitable in accordance with Rules .1940 to .1948 of this 

Section to eliminate the need for gravel, minimize site disturbance, or for other site planning 

considerations. Gravelless nitrification trench systems shall not be used, however, where wastes 

contain high amounts of grease and oil, such as restaurants. 

(i) Large diameter pipe systems shall consist of eight-inch or 10-inch (inside diameter), corrugated, 

polythylene tubing encased in a nylon, polyester, or nylon/polyester blend filter wrap installed 

in a nitrification trench, 12 or more inches wide and backfilled with soil classified as soil group 

I, II, or III. Nitrification area requirement shall be determined in accordance with Rules . 1955(b) 

and .1955(c), or in Rule .1956(6)(b), Table III of this Section, when applicable, with eight-inch 

tubing considered equivalent to a two-foot-wide conventional trench and 10-inch tubing 

considered equivalent to a two and one-half-foot- wide conventional trench. The long-term 

acceptance rate shall not exceed 0.8 gallons per day per square foot. Tubing and fittings shall 

comply with the requirements of ASTM F-667, which is hereby incorporated by reference 

including any subsequent amendments and editions. Copies of the standards may be inspected 

in and copies obtained from the Divison of Environmental Health, P.O. Box 27687, Raleigh, NC 

2761 1-7687 at no cost. The corrugated tubing shall have two rows of holes, each hole between 



2142 NORTH CAROLINA REGISTER March 15, 1995 9:24 



PROPOSED RULES 



three-eighths and one-half-inch in diameter, located 120 degrees apart along the bottom half of 
the pipe (each 60 degrees from the bottom center line) and staggered so that one hole is present 
in the valley of each corrugation. The tubing shall be marked with a visible top location 
indicator, 120 degrees away from each row of holes. Filter wrap shall be spun, bonded, or 
spunlaced nylon, polyester, or nylon/polyester blend nylon filter wrap meeting the following 
minimum requirements: 

Unit Weight: Oz/yd 2 =1.0 

Sheet Grab Tensile: MD - 23 lbs. 

Trapezoid Tear: MD - 6.2 lbs. 

XD -5.1 lbs. 

Mullen Burst: PSI = 40 

KPa = 276 

Frazier Air Perm, CFM/ft ] 0.5 "H 2 0: 500" 

Corrugated Tubing shall be covered with filter wrap at the factory and each joint shall be 
immediately encased in a black polyethylene sleeve which shall continue to encase the large 
diameter pipe and wrap until just prior to installation in the trench. Large diameter pipe systems 
shall be installed in accordance with this Rule and the manufacturer's guidelines. The trench 
bottom and pipe shall be level (with a maximum fall of one inch in 100 feet). Filter wrap 
encasing the tubing shall not be exposed to sunlight (ultraviolet radiation) for extended periods. 
Rocks and large soil clumps shall be removed from backfill material prior to being used. Clayey 
soils (soil group IV) shall not be used for backfill. The near end of the large diameter pipe shall 
have an eight-inch by four-inch offset adaptor (small end opening at top) suitable for receiving 
the pipe from the septic tank or distribution device and making a mechanical joint in the 
nitrification trench, 
(ii) A Prefabricated, Permeable Block Panel System (PPBPS), untilizing both horizontal and vertical 
air chambers and special construction to promote downline and horizontal distribution of effluent, 
may be used under the following conditions: 

(A) the soil and site criteria of this Section shall be met; 

(B) in calculating the required linear footage for a PPBPS's nitrification field, the linear footage 
for the nitrification line as determined in Rule .1955 (b) and (c), or in Rule .1956 (6)(b), 
Table III of this Section when applicable, shall be multiplied by 0.5 for a 16 inch PPBPS; 

(C) installation of the PPBPS shall be in accordance with these Rules except: 

(I) the PPBPS trench shall be located not less than eight feet on centers; 

(II) the installation shall be in accordance with the manufacturer's specifications; and 

(III) the sidewalls of nitrification trenches placed in Group IVa soils shall be raked to open 
pores which were damaged or sealed during excavation; 

(D) where design sewage flow is more than 480 gallons per day, the system shall be pressure-dosed; 
and 

(E) the long-term acceptance rate shall not exceed 0.8 gallons per day per square foot. 

(b) Other types of nitrification trenches or lines may be approved by the local health department on 
a site-specific basis in accordance with Rule .1969 of this Section. 

(4) Sites classified as UNSUITABLE as to soil wetness conditions because of the presence of lateral 
water movement may be reclassified PROVISIONALLY SUITABLE as to soil wetness conditions 
when such water is intercepted and diverted to prevent saturation of the soil absorption system . 

(5) Stable slopes greater than 30 percent may be reclassified as PROVISIONALLY SUITABLE when: 
(a) The soil characteristics can be classified as SUITABLE or PROVISIONALLY SUITABLE to a 

depth of at least one foot below the bottom of the nitrification trench at the upslope side of the 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2143 



PROPOSED RULES 



trench; 

(b) Surface water runoff is diverted around the nitrification field if necessary to prevent scouring or 
erosion of the soil over the field; and 

(c) The finished grade over the nitrification field site is returned to the original topography and 
adequately seeded, unless otherwise specified by the local health department. 

(6) Sites classified UNSUITABLE as to soil depth, with saprolite present, may be reclassified 
PROVISIONALLY SUITABLE as to soil depth when the provisions of this Paragraph are met. 

(a) An investigation of the site using pits or trenches at locations and to depths specified by the local 
health department shall be conducted. The following physical properties and characteristics must 
be present: 

(i) the saprolite shall be weathered from acidic (granite, gneiss, or schist) parent rock types of 

metamorphic or igneous origin; 
(ii) the saprolite texture shall be s uitable and saprolite shall have 27 percent or less than 20 clayf - 

sized particles and 30 percent or greater sand-sized particles; 
(iii) clay mineralogy shall be suitable; 
(iv) the saprolite consistence shall be loose, friable to very friable when moist as determined in place 

and nonsticky to slightly sticky or nonplastic to slightly plastic when wet; 
(v) the saprolite shall be overlain by at least one foot of SUITABLE or PROVISIONALLY 

SUITABL E naturally occurring soil ; and in an undisturbed state except as specifically approved 

by the Department; 
(vi) the saprolite shall have no open and continuous joints or fractures relic of parent rock to a depth 

of two feet below the proposed trench bottom. 

(b) Table III shall be used in determining the long-term acceptance rate for septic tank systems installed 
pursuant to Paragraph (6) of this Rule. The long-term acceptance rate shall be based on the most 
hydraulically limiting, naturally occurring saprolite to a depth of two feet below trench bottom. 

TABLE III 

SAPROLITE SAPROLITE 

GROUP TEXTURAL CLASSES 



I Sands 

II Coarse Loams 

( with less than 20% 

27% or less clay and 

30% or greater sand) Silt 

If a low pressure pipe system is used, the long term acceptance rate in Table III shall be reduced 
by one-half and the system shall be designed in accordance with Rule .1957(a) of this Section, 
except that Rule .1957 (a)(2)(B) and Rule .1957(a)(3) shall not apply. Saprolite textural 
classifications shall be determined from disturbed materials and determined by Rule .1941(a)(1) of 
this Section. The local health department may require low-pressure distribution in conventional 
nitrification trenches, or other modifications available under this Rule, to insure adequate effluent 
treatment and disposal. 

(c) Only ground absorption systems with a design daily flow of 480 gallons or less shall be installed 
on sites reclassified pursuant to this Paragraph [Rule . 1 956(6)] . 

(d) The nitrification field shall be constructed using nitrification trenches with a maximum width of 
three feet and a maximum depth of two feet on the downslope side of the nitrification trench. The 
bottom of a nitrification trench shall be a minimum of two feet above rock or saprolite that does 
not meet the requirements of Subparagraph (6) (a) of this Rule. However, where SUITABLE or 
PROVISIONALLY SUITABLE soil underlies the trench bottom, this separation distance may be 
reduced by subtracting the actual soil depth beneath the trench bottom from 24 inches to establish 
the minimum separation distance from the trench bottom to rock. 



2144 NORTH CAROLINA REGISTER March 15, 1995 9:24 





LONG-TERM 




ACCEPTANCE RATE 




spd/ft 2 


Sand 


0.6-0.5 


Loamy Sand 


0.5 - 0.4 


Sandy Loam 


0.4 - 0.3 


Loam 


0.3-0.1 


Sandv Clav Loam 


0.2 - 0.05 


Silt Loam 


0.1 -0.05 



PROPOSED RULES 



(e) 
(f) 

(g) 



The bottom of any nitrification trench shall be a minimum of two feet above any wetness condition. 
Surface and subsurface interceptor drains may be required. 

Exceptions to the provisions of Rule .1950(a) found in Rule .1950 and .1951 of this Section shall 
not apply to systems installed pursuant to this Paragraph [Rule .1956(6)]. 



Statutory Authority G.S. 130A-335(e) and (f). 

Notice is hereby given in accordance with G.S. 
150B-21.2 that EHNR - Commission for Health 
Services intends to amend rule cited as 15 A NCAC 
19A .0202. 

1 he proposed effective date of this action is July 
1, 1995. 

A he public hearing will be conducted at 1:30 
p.m. on April 19, 1995 at the Ground Floor 
Hearing Room, Archdale Building, 512 N. Salis- 
bury Street, Raleigh, N. C. 

ixeason for Proposed Action: lb promote early 
identification of HIV infection among pregnant 
women, promote subsequent counseling and possi- 
ble treatment to minimize the risk of transmission 
of HIV from the mother to the fetus. 

Lsomment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to Grady L. 
Balentine, Department of Justice, P.O. Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by April 19, 1995. Persons who 
wish to speak at the hearing should contact Mr. 
Balentine at (919) 733-4618. Persons who call in 
advance of the hearing will be given priority on 
the speaker's list. Oral presentation lengths may 
be limited depending on the number of people that 
wish to speak at the public hearing. Only persons 
who have made comments at a public hearing or 
who have submitted written comments will be 
allowed to speak at the Commission meeting. 
Comments made at the Commission meeting must 
either clarify previous comments or proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTER- 
ESTED AND POTENTIALLY AFFECTED 
PERSONS, GROUPS, BUSINESSES, ASSOCIA- 



TIONS, INSTITUTIONS OR AGENCIES MAKE 
THEIR VIEWS AND OPINIONS KNOWN TO 
THE COMMISSION FOR HEALTH SERVICES 
THROUGH THE PUBLIC HEARING AND 
COMMENT PROCESS, WHETHER THEY 
SUPPORT OR OPPOSE ANY OR ALL PROVI- 
SIONS OF THE PROPOSED RULES. THE 
COMMISSION MAY MAKE CHANGES TO 
THE RULES AT THE COMMISSION MEET- 
ING IF THE CHANGES COMPLY WITH G.S. 
150B-21.2(f). 

CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 19A - COMMUNICABLE 
DISEASE CONTROL 

SECTION .0200 - CONTROL MEASURES 
FOR COMMUNICABLE DISEASES 

.0202 CONTROL MEASURES - HIV 

The following are the control measures for the 
Acquired Immune Deficiency Syndrome (AIDS) 
and Human Immunodeficiency Virus (HIV) infec- 
tion: 

(1) Infected persons shall: 

(a) refrain from sexual intercourse unless 
condoms are used; exercise caution 
when using condoms due to possible 
condom failure; 

(b) not share needles or syringes, or any 
other drug-related equipment, parapher- 
nalia, or works that may be contaminat- 
ed with blood through previous use; 

(c) not donate or sell blood, plasma, 
platelets, other blood products, semen, 
ova, tissues, organs, or breast milk; 

(d) have a skin test for tuberculosis; 

(e) notify future sexual intercourse partners 
of the infection; if the time of initial 
infection is known, notify persons who 
have been sexual intercourse and needle 
partners since the date of infection; 
and, if the date of initial infection is 
unknown, notify persons who have 
been sexual intercourse and needle 
partners for the previous year. 

(2) The attending physician shall: 

(a) give the control measures in Item ( 1 ) of 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2145 



PROPOSED RULES 



this Rule to infected patients, in accor- 
dance with 15A NCAC 19A .0210; 

(b) If the attending physician knows the 
identity of the spouse of an 
HIV-infected patient and has not, with 
the consent of the infected patient, 
notified and counseled the spouse ap- 
propriately, the physician shall list the 
spouse on a form provided by the Divi- 
sion of Epidemiology and shall mail the 
form to the Division; the Division will 
undertake to counsel the spouse; the 
attending physician's responsibility to 
notify exposed and potentially exposed 
persons is satisfied by fulfilling the 
requirements of Sub-Items (2)(a) and 
(b) of this Rule; 

(c) advise infected persons concerning 
proper clean-up of blood and other 
body fluids; 

(d) advise infected persons concerning the 
risk of perinatal transmission and trans- 
mission by breastfeeding. 

(3) The attending physician of a child who is 
infected with HIV and who may pose a 
significant risk of transmission in the 
school or day care setting because of 
open, oozing wounds or because of be- 
havioral abnormalities such as biting shall 
notify the local health director. The local 
health director shall consult with the 
attending physician and investigate the 
circumstances, 
(a) If the child is in school or scheduled for 
admission and the local health director 
determines that there may be a signifi- 
cant risk of transmission, the local 
health director shall consult with an 
interdisciplinary committee, which shall 
include appropriate school personnel, a 
medical expert, and the child's parent 
or guardian to assist in the investigation 
and determination of risk. The local 
health director shall notify the superin- 
tendent or private school director of the 
need to appoint such an interdisciplin- 
ary committee, 
(i) If the superintendent or private school 
director establishes such a committee 
within three days of notification, the 
local health director shall consult with 
this committee, 
(ii) If the superintendent or private school 
director does not establish such a 
committee within three days of notifi- 



cation, the local health director shall 
establish such a committee. 

(b) If the child is in school or scheduled for 
admission and the local health director 
determines, after consultation with the 
committee, that a significant risk of 
transmission exists, the local health 
director shall: 

(i) notify the parents; 

(ii) notify the committee; 

(iii) assist the committee in determining 
whether an adjustment can be made to 
the student's school program to elimi- 
nate significant risks of transmission; 

(iv) determine if an alternative educational 
setting is necessary to protect the 
public health; 

(v) instruct the superintendent or private 
school director concerning appropriate 
protective measures to be implement- 
ed in the alternative educational set- 
ting developed by appropriate school 
personnel; and 

(vi) consult with the superintendent or 
private school director to determine 
which school personnel directly in- 
volved with the child need to be 
notified of the HIV infection in order 
to prevent transmission and ensure 
that these persons are instructed re- 
garding the necessity for protecting 
confidentiality. 

(c) If the child is in day care and the local 
health director determines that there is 
a significant risk of transmission, the 
local health director shall notify the 
parents that the child must be placed in 
an alternate child care setting that elimi- 
nates the significant risk of transmis- 
sion. 

(4) When health care workers or other per- 
sons have a needlestick or nonsexual 
non-intact skin or mucous membrane 
exposure to blood or body fluids that, if 
the source were infected with HIV, 
would pose a significant risk of HIV 
transmission, the following shall apply: 
(a) When the source person is known: 
(i) The attending physician or occupa- 
tional health care provider responsible 
for the exposed person, if other than 
the attending physician of the person 
whose blood or body fluids is the 
source of the exposure, shall notify 
the attending physician of the source 



2146 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



that an exposure has occurred. The 
attending physician of the source 
person shall discuss the exposure with 
the source and shall test the source 
for HIV infection unless the source is 
already known to be infected. 
The attending physician of the ex- 
posed person shall be notified of the 
infection status of the source, 
(ii) The attending physician of the ex- 
posed person shall inform the exposed 
person about the infection status of 
the source, offer testing for HIV 
infection as soon as possible after 
exposure and at reasonable intervals 
up to one year to determine whether 
transmission occurred, and, if the 
source person was HIV infected, give 
the exposed person the control mea- 
sures listed in Sub-Items (l)(a) 
through (c) of this Rule. The attend- 
ing physician of the exposed person 
shall instruct the exposed person 
regarding the necessity for protecting 
confidentiality. 

(b) When the source person is unknown, 
the attending physician of the exposed 
person shall inform the exposed person 
of the risk of transmission and offer 
testing for HIV infection as soon as 
possible after exposure and at reason- 
able intervals up to one year to deter- 
mine whether transmission occurred. 

(c) A health care facility may release the 
name of the attending physician of a 
source person upon request of the 
attending physician of an exposed per- 
son. 

(5) The attending physician shall notify the 
local health director when the physician, 
in good faith, has reasonable cause to 
suspect a patient infected with HIV is not 
following or cannot follow control mea- 
sures and is thereby causing a significant 
risk of transmission. Any other person 
may notify the local health director when 
the person, in good faith, has reasonable 
cause to suspect a person infected with 
HIV is not following control measures 
and is thereby causing a significant risk 
of transmission. 

(6) When the local health director is notified 
pursuant to Item (5) of this Rule, of a 
person who is mentally ill or mentally 
retarded, the local health director shall 



confer with the attending mental health 
physician or appropriate mental health 
authority and the physician, if any, who 
notified the local health director to devel- 
op an appropriate plan to prevent trans- 
mission. 

(7) The Director of Health Services of the 
North Carolina Department of Correction 
and the prison facility administrator shall 
be notified when any person confined in 
a state prison is determined to be infected 
with HIV. If the prison facility adminis- 
trator, in consultation with the Director 
of Health Services, determines that a 
confined HIV infected person is not 
following or cannot follow prescribed 
control measures, thereby presenting a 
significant risk of HIV transmission, the 
administrator and the Director shall 
develop and implement jointly a plan to 
prevent transmission, including making 
appropriate recommendations to the unit 
housing classification committee. 

(8) The local health director shall ensure that 
the health plan for local jails include 
education of jail staff and prisoners about 
HIV, how it is transmitted, and how to 
avoid acquiring or transmitting this infec- 
tion. 

(9) Local health departments shall provide 
testing for HIV infection with pre- and 
post-test counseling at no charge to the 
patient. Third party payors may oniy be 
billed for HIV counseling and testing 
when such services are provided as a part 
of family planning and maternal and child 
health services. By August 1, 1991, the 
State Health Director shall designate a 
minimum of 16 local health departments 
to provide anonymous testing. Beginning 
September 1, 1991, only cases of con- 
firmed HIV infection identified by anony- 
mous tests conducted at local health 
departments designated as anonymous 
testing sites pursuant to this Sub-Item 
shall be reported in accordance with 15A 
NCAC 19A .0102(a)(3). All other cases 
of confirmed HIV infection shall be 
reported in accordance with 15 A NCAC 
19A .0102(a)(1) and (2). Effective Sep- 
tember 1, 1994, anonymous testing shall 
be discontinued and all cases of con- 
firmed HIV infection shall be reported in 
accordance with 15A NCAC 19A 
.0102(a)(1) and (2). 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2147 



PROPOSED RULES 



(10) 



(ID 



(12) 



Appropriate counseling for HIV testing 
shall include risk assessment, risk reduc- 
tion guidelines, appropriate referrals for 
medical and psychosocial services, and, 
when the person tested is found to be 
infected with HIV, control measures. 
Pre-test counseling may be done in a 
group or individually, as long as each 
individual is provided the opportunity to 
ask questions in private. Post-test coun- 
seling must be individualized. 
A local health department or the Depart- 
ment may release information regarding 
an infected person pursuant to G.S. 
130A-143(3) only when the local health 
department or the Department has provid- 
ed direct medical care to the infected 
person and refers the person to or con- 
sults with the health care provider to 
whom the information is released. 
Notwithstanding Rule .0201(d) of this 
Section, a local or state health director 
may require, as a part of an isolation 
order issued in accordance with G.S. 
130A-145, compliance with a plan to 
assist the individual to comply with con- 
trol measures. The plan shall be de- 
signed to meet the specific needs of the 
individual and may include one or more 
of the following available and appropriate 
services: 
substance abuse counseling and treat- 
ment; 

mental health counseling and treatment; 
and 

education and counseling sessions about 
HIV, HIV transmission, and behavior 
change required to prevent transmis- 
sion. 
The Division of Epidemiology shall 
conduct a partner notification program to 
assist in the notification and counseling of 
partners of HIV infected persons. All 
partner identifying information obtained 
as a part of the partner notification pro- 
gram shall be destroyed within two years. 
All pregnant women shall be given ap- 
propriate pre-test counseling, as defined 
in !5A NCAC 19A .0202(10), and shall 
be tested for HIV infection by their at- 
tending physician as early ]n pregnancy 
as possible, unless, after pre-test counsel- 
ing, they refuse testing. 



Statutory Authority G.S. 130A-133; 130A-135; 



(a) 

(b) 
(c) 

(13) 



(14) 



130A-144; 130A-145; 130A-1 48(h). 

**************** 

ISotice is hereby given in accordance with G.S. 
150B-21.2 that EHNR - Commission for Health 
Services intends to amend rule cited as 15A NCAC 
20D .0101. 

1 he proposed effective date of this action is July 
1, 1995. 

A he public hearing will be conducted at 1:30 
p.m. on April 19, 1995 at the Ground Floor 
Hearing Room, Archdale Building, 512 N. Salis- 
bury Street, Raleigh, N. C. 

IXeason for Proposed Action: To ensure that HIV 
antibody detection tests, when positive, are con- 
firmed by an independent licensed confirmatory 
test. 

Ksomment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to Grady L. 
Balentine, Department of Justice, P. O. Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by April 19, 1995. Persons who 
wish to speak at the hearing should contact Mr. 
Balentine at (919) 733-4618. Persons who call in 
advance of the hearing will be given priority on 
the speaker 's list. Oral presentation lengths may 
be limited depending on the number of people that 
wish to speak at the public hearing. Only persons 
who have made comments at a public hearing or 
who have submitted written comments will be 
allowed to speak at the Commission meeting. 
Comments made at the Commission meeting must 
either clarify previous comments or proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTER- 
ESTED AND POTENTIALLY AFFECTED 
PERSONS, GROUPS, BUSINESSES, ASSOCIA- 
TIONS, INSTITUTIONS OR AGENCIES MAKE 
THEIR VIEWS AND OPINIONS KNOWN TO 
THE COMMISSION FOR HEALTH SERVICES 
THROUGH THE PUBLIC HEARING AND 
COMMENT PROCESS, WHETHER THEY 
SUPPORT OR OPPOSE ANY OR ALL PROVI- 



2148 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



SIONS OF THE PROPOSED RULES. THE 
COMMISSION MAY MAKE CHANGES TO 
THE RULES AT THE COMMISSION MEET- 
ING IF THE CHANGES COMPLY WITH G.S. 
150B-21.2(f). 

CHAPTER 20 - LABORATORY SERVICES 

SUBCHAPTER 20D - CERTIFICATION AND 
IMPROVEMENT 

SECTION .0100 - LABORATORY 
CERTIFICATION 

.0101 CERTIFICATION FOR 

LABORATORIES CONDUCTING 
HIV TESTING 

(a) Laboratories conducting HIV s erologic 
antibody testing shall be certified in accordance 
with this Rule. The requirements for certification 
are as follows: 

(1) All laboratories, except the State Public 
Health Laboratory, shall be licensed 
under the Clinical Laboratory Improve- 
ment Act (CLIA), accredited by the 
College of American Pathologists 
(CAP), American Association of Blood 
Banks (AABB), or the Joint Commis- 
sion on the Accreditation of Hospitals 
(JCAH), certified by the Health Care 
Financing Administration (HCFA) for 
Medicare or Medicaid, or accredited by 
a comparable program approved by the 
Director, State Public Health Laborato- 
ry- 

(2) Laboratories shall participate in a peri- 
odic proficiency testing program operat- 
ed jointly by AABB and CAP or in a 
comparable periodic proficiency testing 
program with comparable standards of 
acceptable performance approved by the 
Director, State Public Health Laborato- 
ry. Laboratories shall demonstrate an 
acceptable level of proficiency accord- 
ing to the standards of the testing pro- 
gram. 

(3) HIV antibody screening test results 
shall not be issued as final until all 
initially reactive tests have been repeat- 
ed at least once, and all repeatedly 
reactive tests have been confirmed by 
the Western Blot method or a method 
approved by the Director, State Public 
Health Laboratory. Preliminary results 
may be released after all initially reac- 



tive tests have been repeated but before 
a confirmatory test is done if the results 
are clearly marked as preliminary. The 
results of both screening and confirma- 
tory tests shall be transmitted to the 
ordering physician. 
(4) Laboratories shall perform HIV scro 
logic antibody tests only on specimens 
submitted by a physician licensed to 
practice medicine. 

(b) An application for certification shall be 
submitted to the Department of Human Resources 
listing the name and location of the laboratory 
requesting certification, the name of the laboratory 
director, and evidence that the laboratory meets 
the requirements listed in Paragraph (a). Labora- 
tories will be notified in writing within 45 days of 
the receipt of the application that they have been 
certified or, if certification has been denied, of the 
reasons for denial. 

(c) Certification must be renewed when licens- 
ing, accreditation or certification renewal is re- 
quired by the program that has accredited the 
laboratory pursuant to Paragraph (a). If a 
laboratory's license, accreditation or certification 
from one of these programs is suspended or 
revoked, the laboratory director shall immediately 
notify the department and the laboratory's certifi- 
cation under this Rule shall be revoked in accor- 
dance with G.S. 130A-23. Certification may 
otherwise be suspended or revoked in accordance 
with G.S. 130A-23 for violation of this Rule or for 
repeatedly issuing erroneous test results. The 
laboratory may apply for recertification when it 
can provide evidence that it meets the requirements 
listed in Paragraph (a)-(c). 

(d) Appeals concerning the interpretation and 
enforcement of this Rule shall be made in accor- 
dance with G.S. 150B. 

(e) Laboratories conducting HIV s erologic 
antibody testing may be certified under this Rule 
upon the Rule's effective date. However, these 
laboratories are not required to be certified until 
July 1, 1988. 

Statutory Authority G.S. 130A-1 48(a). 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2149 



PROPOSED RULES 



iSotice is hereby given in accordance with G.S. 150B-21.2 that EHNR - Commission for Health Services 
intends to amend rules cited as 15A NCAC 21D .0706 and .0909. 

1 he proposed effective date of this action is July 1 , 1995. 

1 he public hearing will be conducted at 1:30 p.m. on April 19, 1995 at the Ground Floor Hearing Room, 
Archdale Building, 512 N. Salisbury Street, Raleigh, N.C. 

Ixeasonfor Proposed Action: To strengthen vendor management for the W1C Program by preventing abusive 
vendors from applying for other stores while already serving a disqualification. They also provide a 
framework to determine participant hardship. In addition they eliminate conflict of interest in selecting a 
hearing officer for a fair hearing. 

(comment Procedures: All persons interested in these matters are imited to attend the public hearing. 
Written comments may be presented at the public hearing or submitted to Grady L. Balentine, Department of 
Justice, P.O. Box 629, Raleigh, NC 27602-0629. All written comments must be received by April 19, 1995. 
Persons who wish to speak at the hearing should contact Mr. Balentine at (919) 733-4618. Persons who call 
in advance of the hearing will be given priority on the speaker's list. Oral presentation lengths may be limited 
depending on the number of people that wish to speak at the public hearing. Only persons who have made 
comments at a public hearing or who have submitted written comments will be allowed to speak at the 
Commission meeting. Comments made at the Commission meeting must either clarify previous comments or 
proposed changes from staff pursuant to comments made during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTERESTED AND POTENTIALLY AFFECTED PERSONS, 
GROUPS, BUSINESSES, ASSOCIATIONS, INSTITUTIONS OR AGENCIES MAKE THEIR VIEWS AND 
OPINIONS KNOWN TO THE COMMISSION FOR HEALTH SERVICES THROUGH THE PUBLIC 
HEARING AND COMMENT PROCESS, WHETHER THEY SUPPORT OR OPPOSE ANY OR ALL 
PROVISIONS OF THE PROPOSED RULES. THE COMMISSION MAY MAKE CHANGES TO THE 
RULES AT THE COMMISSION MEETING IF THE CHANGES COMPLY WITH G.S. 150B-21.2(f). 

CHAPTER 21 - HEALTH: PERSONAL HEALTH 

SUBCHAPTER 21D - WIC/NUTRITION 

SECTION .0700 - WIC PROGRAM FOOD DISTRIBUTION SYSTEM 

.0706 AUTHORIZED WIC VENDORS 

(a) An applicant to become authorized as a WIC vendor shall comply with the following: 

(1) Accurately complete a WIC Vendor Application, a WIC Vendor Price List, and a WIC Vendor 
Contract; 

(2) Submit all completed forms to the local WIC program, except that a corporate WIC Vendor with 
20 or more WIC stores shall submit one completed WIC Vendor Contract to the state agency and 
a separate WIC Vendor Application and WIC Vendor Price List for each store to the local WIC 
agency; 

(3) Successfully pass a monitoring review by the local WIC program to determine whether the store 
has minimum inventory of WIC-approved foods as specified m Subparagraph (~b)(16) of this Rule; 
an applicant who fails this review shall be allowed a second opportunity for an unannounced 
monitoring review within 14 days; if the applicant fails both reviews, he shall wait 90 days from 
the date of hj_s previous application before submitting a new application: 



2150 NORTH CAROLINA REGISTER March 15, 1995 9:24 



PROPOSED RULES 



(4) Attend WIC Vendor Training provided by the local WIC program prior to authorization and 
instruct other vendor employees in WIC Program procedures or send an employee who will do this; 

(5) The applicant's vendor site shall be located at a permanent and fixed location within the State of 
North Carolina. The vendor site shall be the address indicated on the WIC vendor application and 
shall be the site at which WIC participants, proxies, or compliance investigators shall select WIC 
approved foods; 

(6) The applicant's vendor site shall be open for business with the public at least four hours per day 
between 8:00 a.m. and 5:00 p.m. during weekdays ; 

(7) An applicant shall not submit false, erroneous, or misleading information in an application to 
become a WIC vendor or in subsequent documents submitted to the state or local agency; 

(8) An applicant shall comply with all requirements of 7 CFR 246.12, G.S. 130A-361, and 15A 
NCAC 21 D .0706; 

(9) An applicant shall not employ any management personnel or 25 percent or more of clerks who 
were employed in any vendor disqualified or penalized by the WIC or Food Stamp Programs in 
the past three years as described in Paragraph (a)(12)(A) or £B} of this Rule; 

(10) An applicant, including an owner of 25 percent or more financial interest in an applicant or vendor, 
shall not have been convicted of a misdemeanor involving fraud, misuse or theft of state or federal 
funds or any felony, or any tax violation. A certified copy of conviction may be offered and 
admitted into evidence as proof of such conviction; 

(11) An applicant shall not be employed, have a spouse, child, or parent who is employed by the state 
or local WIC program, and not have an employee who ]s employed, or has a spouse, child, or 
parent who is employed by the state or local WIC program. For purposes of the preceding 
sentence, the term "vendor" means a sole proprietorship, partnership, corporation, other legal 
entity, and any person who owns or controls more than a K) percent interest in the partnership, 
corporation, or other legal entity; and 

(12) An a pplicant shall not hold 25 percent or more financial interest in any of the following: 

(A) any Food Stamp vendor which is disqualified from participation ]n the Food Stamp Program or 
has been assessed a civil money penalty in lieu of disqualification and the time period during 
which the disqualification would have run, had a penalty not been paid, is continuing; or 

(B) another WIC vendor which is disqualified from participation in the WIC Program or which has 
been assessed an administrative penalty pursuant to G.S. 130A-22(cl) as the result of violation 
of Paragraph (e)(l)(C)(i), (D), or {E) of this Rule, and if assessed a penalty, the time during 
which the disqualification would have run, had a penalty not been assessed, is continuing. 

The requirement of this provision shall not be met by the transfer or conveyance of financial 
interest during the period of disqualification. 
(b) By signing the WIC Vendor Agreement, the applicant agrees to the following: 

(a) DEHNR Form 276 8 , WIC Vendor Agreement, shall outline the responsibilities of the vendor to the WIC 
program, and the local WIC agency's and state agency's responsibilities toward s the authorized WIC vendor. 
In order for a food retailer or pharmacy to participate in the WIC program and be entitled to the rights and 
responsibilities of an authorized WIC vendor, a current WIC Vendor Agreement must have been signed by 
the vendor, the local WIC agency, and the state agency. 
fb) — In order to participate in the WIC program, the vendor shall: 

(1) Process WIC program food instruments in accordance with the terms of this agreement, state and 
federal WIC program rules, and applicable law; 

(2) Accept WIC program food instruments in consideration for the purchase of eligible food items. 
Eligible food items are those food items which satisfy the requirements of 15A NCAC 21D .0501. 
The food items, specifications and product identification are described in the WIC Vendor Manual; 

(3) Provide all eligible food items as specified on the food instrument to WIC program participants, 
accurately determine the charges to the WIC program, and clearly complete the "Pay Exactly" box 
on the food instrument prior to obtaining the counter-signature by the participant, parent, guardian 
or proxy; 

(4) Enter in the "Pay Exactly" box on the food instrument only the total amount of the current prices, 
or less than the current prices, for the eligible food items provided and shall not charge or collect 
sales taxes for the eligible items provided; 

(5) Accept WIC program food instruments only on a date between the "Date of Issue" and the 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2151 



PROPOSED RULES 



"Participant Must Use By" date; 

(6) Enter in the "Date Redeemed" box the month, day and year the WIC food instrument is accepted 
in consideration for the purchase of eligible food items; 

(7) Accept WIC program food instruments only if they have been validated with a "WIC Agency 
Authorizing Stamp"; 

(8) Refuse acceptance of any food instrument on which quantities, signatures or dates have been 
altered; 

(9) Not redeem food instruments in whole or in part for cash, unauthorized foods, other items of value 
to participants or a credit for past accounts; 

(10) Clearly imprint the Authorized WIC Vendor Stamp in the "Pay the Authorized WIC Vendor 
Stamped Here" box on the face of the food instrument; 

(11) Clearly imprint the vendor's bank deposit stamp or the vendor's name, address and bank account 
number in the "Authorized WIC Vendor Stamp" box in the endorsement; 

(12) Promptly deposit WIC program food instruments in a state or national bank having an office in the 
State of North Carolina. All North Carolina WIC program food instruments must be received by 
the North Carolina State Treasurer within 60 days of the "Date of Issue" on the food instrument; 

(13) Insure that the authorized WIC vendor stamp is used only for the purpose and in the manner 
authorized by this agreement and assume full responsibility for the unauthorized use of the 
Authorized WIC Vendor Stamp; 

(14) Maintain secure storage for the authorized WIC vendor stamp and immediately report loss of this 
stamp to the local agency; 

(15) Notify the local agency of misuse (attempted or actual) of the WIC program food instmment(s); 

(16) Maintain a minimum inventory of eligible food items in the store for purchase by WIC Program 
participants. All such foods shall be within the manufacturer's expiration date. The following 
items and sizes constitute the minimum inventory of eligible food items for stores classified 1-4: 



Food Item 
Milk 



Cheese 
Cereals 

Eggs 



Juices 



Dried Peas 
and Beans 
or 

Peanut Butter 

Infant 



Type of Inventory 
Whole fluid: gallon 
and half gallon 

-and- 
Skim/lowfat fluid: 
gallon or half gallon 
Nonfat dry: quart 
package 

-or- 
Evapo rated: 12 oz. 
can 

2 types: 8 or 16 oz. 
4 types (minimum 
box size 12 oz.) 
Grade A, large or 
extra-large: white 
or brown 

Orange juice must be 
available in 2 types. 
A second flavor must 
be available in 1 
type. The types are: 
12 oz. frozen, and 46 oz. 
canned 

2 types 

18 oz. jars 



Quantities Required 

Total of 6 gallons 
fluid milk 



Total of 5 quarts 
when reconstituted 



Total of 6 pounds 
Total of 12 boxes 

6 dozen 



10-12 oz. frozen 
10-46 oz. canned 



3 one-pound bags 
3 jars 



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PROPOSED RULES 



Cereal 



Infant 
Formula 



Tuna 
Carrots 



2 cereal grains; 


6 boxes 


8-oz. boxes (one 




must be rice); brand 




specified in Vendor 




Agreement 




milk and soy-based as 


62 cans 


specified in Vendor 


combination 


Agreement; 13 oz. 




concentrate 




Chunk light in water: 


4 cans 


6-6.5 oz. can 




Raw, canned or frozen 


29 oz. 



For store classification 5, the following applies: Supply within 48 hours of verbal request by local 
WIC agency staff any of the following products: Nutramigen, Portagen, Pregestimil, Similac 
Special Care 24, Similac 60/40, Ensure, Ensure Plus, Osmolite, Sustacal HC, Sustacal, Isocal, 
Enrich, Enfamil Premature, PediaSure, Polycose and MCT Oil. All vendors (classifications 1 
through 5) shall supply milk or soy based, 32 oz. ready-to-feed or powdered infant formula upon 
request. 

(17) Permit WIC program participant to purchase eligible food items without making other purchases; 

(18) Attend annual vendor training class on WIC procedures and regulations upon notification of class 
by the local agency; 

(19) Inform and train vendor's employees in WIC procedures and regulations; 

(20) Be accountable for actions of vendor's employees in utilization of WIC food instruments and 
provision of WIC authorized food items; 

(21) Allow reasonable monitoring and inspection of the store premises and procedures to ensure 
compliance with this agreement and state and federal WIC Program rules, regulations and policies^. 
This includes, but shall not be limited to, allowance of access to WIC food instruments negotiated 
the day of the monitoring and vendor records pertinent to the purchase of WIC food items; vendor 
records of all deductions and exemptions allowed by law or claimed in filing sales and use tax 
returns, and vendor records of all WIC food items purchased, including invoices and copies of 
purchase orders; 

(22) Submit a current accurately completed copy of the WIC Program Approved Food Items Price List 
to the local agency when signing this agreement, six months thereafter, or on January 1 , whichever 
is earlier, and within one week of any written request by the state or local agency; 

(23) Reimburse the state agency within 30 days of written notification for amounts paid by the state 
agency on WIC Program food instruments processed by the vendor which did not satisfy the 
conditions set forth in the Vendor Agreement and for amounts paid by the state agency on WIC 
food instruments as the result of the unauthorized use of the Authorized WIC Vendor Stamp; 

(24) Not seek restitution from the participant for reimbursements paid to the state agency or for WIC 
food instruments not paid by the state agency; 

(25) Notify the local agency when the vendor ceases operations or the ownership changes; 

(26) Return the Authorized WIC Vendor Stamp to the local agency upon termination of this agreement 
or suspension or termination from the WIC Program; 

{3?) Not be employed, or have a spouse, child, or parent who is employed by the state or local WIC 

program, and not have an employee who is employed, or has a spouse, child, or parent who i s 
employed by the state or local WIC program. — For purpose of the preceding s entence, the term 
"vendor" means a sole proprietorship, partnership, corporation, other legal entity, and any person 
who owns or controls more than a 10 percent intere s t in the partnership, corporation, or other legal 
entity; 

(27) <2&) Offer WIC participants the same 

(28) {29) Not charge or collect sales taxes 

(29) Comply with all the requirements for 
throughout the term of authorization. 



courtesies as offered to other customers; 

for the eligible items provided^ and; 

applicants of Subparagraphs (a)(5) through (11) of this Rule 



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2153 



PROPOSED RULES 



(c) By signing the WIC Vendor Agreement, the local agency agrees to the following: 

(1) Provide at a minimum annual vendor training classes on WIC procedures and regulations; 

(2) Monitor the vendor's performance under this agreement in a reasonable manner to ensure 
compliance with the agreement, state and federal WIC program rules, regulations and policies, and 
applicable law. A minimum of 50 percent of all authorized vendors shall be monitored at least 
once a year. Any vendor shall be monitored within one week of written request by the state 
agency; 

(3) Provide vendors with the North Carolina WIC Vendor's Manual, all Vendor's Manual 
amendments, blank WIC Program Approved Food Items Price Lists, and the Authorized WIC 
Vendor Stamp indicated on the signature page of this agreement; 

(4) Assist the vendor with problems or questions which may arise under this agreement or the vendor's 
participation in the WIC Program; and 

(5) Keep records of the transactions between the parties under this agreement pursuant to 15A NCAC 
21D .0206. 

(d) The WIC Vendor Agreement shall outline the responsibilities of the vendor to the WIC Program, and 
the local WIC agency's and state agency's responsibilities towards the authorized WIC vendor. In order for 
a food retailer or pharmacy to participate in the WIC Program and be entitled to the rights and responsibilities 



of an authorized WIC vendor, a current WIC Vendor Agreement must have been signed by the vendor, the 
local WIC agency, and the state agency. 

(e) -(d) If an application for status as an authorized WIC vendor is denied, the applicant is entitled to an 
administrative appeal as described in Section .0800 of this Subchapter. 

(f) {e) An authorized WIC vendor may be disqualified from the WIC program for violation of 15A NCAC 
21D .0706{b) or violation of any other state and federal WIC program rules for a period not to exceed three 
years in accordance with the following: 

(1) When a vendor commits a violation of the WIC program rules, he shall be assessed sanction points 
as set forth below: 

(A) 2.5 points for stocking WIC approved foods outside of manufacturer's expiration date; 

(B) 5 points for: 

(i) failure to attend annual vendor training; 

(ii) failure to submit price reports twice a year or within seven days of request by agency; 

(iii) requiring participants to purchase specific brands when more than one WIC-approved brand 

is available; 
(iv) providing unauthorized foods (as listed in the vendor agreement); 
(v) allowing substitutions for foods listed on WIC food instrument(s); 
(vi) failure to stock minimum inventory. 

(C) 7.5 points for: 

(i) failure to properly redeem (e.g., not completing date and purchase price on WIC food 

instrument(s) before obtaining participant's signature); 
(ii) discrimination (separate WIC lines, denying trading stamps, etc.); 
(iii) issuing rainchecks; 

(iv) requiring cash purchases to redeem WIC food instrument(s); 
(v) contacting WIC participants in an attempt to recoup funds for food instrument(s). 

(D) 15 points for: 

(i) charging more than current shelf price for WIC-approved foods more than onc e on two 

different days; 
(ii) charging for foods in excess of those listed on WIC food instrument(s); 
(iii) failure to allow monitoring of a store by WIC staff when required; 
(iv) failure to provide WIC food instrument(s) for review when requested; 
(v) failure to provide store inventory records when requested by WIC staff; 
(vi) nonpayment of a claim made by the state agency; 

(vii) tendering for payment any food instrument(s) accepted by any other store; 
(viii) intentionally providing false information on vendor records (application, price list, WIC food 

instrument(s), monitoring forms); 
(E) 20 points for: 

(i) providing cash or credit for WIC food instrument(s); 



2154 NORTH CAROLINA REGISTER March 15, 1995 9:24 



PROPOSED RULES 



(ii) providing non-food items or alcoholic beverages for WIC food instrument(s); 

(iii) charging for food not received by the WIC participant; evidence that an overcharge amounts 
to the cost of one or more items not purchased by a participant, proxig or investigator within 
five cents ($.05) of the cost of the items shall constitute violation of this provision; 

(2) All earned points are retained on the vendor file for a period of one year or until the vendor is 
disqualified as a result of those points. If a vendor commits a violation within six months of 
reauthorization after a disqualification period, 10 points in addition to those earned from the 
violation shall be assigned; if a vendor commits a violation after six months, but within one year 
of the reauthorization date after a disqualification period, five points in addition to those earned 
from the violation shall be assigned. 

(3) If a vendor accumulates 15 or more points, he shall be disqualified. The nature of the violation(s), 
the number of violations and past disqualifications, as represented by the points assigned in 
Subparagraphs (e)(1) and (2), are used to calculate the period of disqualification. The formula used 
to calculate the disqualification period is: the number of points of the worst offense multiplied by 
18 days. Eighteen days shall be added to the disqualification period for each point over 15 points. 

(4) Notwithstanding disqualification pursuant to accumulated points, an authorized WIC vendor shall 
also be disqualified from the WIC program upon disqualification or imposition of a civil money 
penalty from another USDA, FNS FCS Program for a period not to exceed that of the same period 
as the other disqualification, not to exceed three years, or for a period not to exceed that of the 
same period as the original disqualification period determined by the USDA, FNS FCS Program 
before imposition of the civil money penalty. 

(5) An authorized WIC vendor shall be given 15 days written notice of any adverse action which 
affects his participation in the WIC Program. The vendor appeals procedure shall be in accordance 
with 15A NCAC 21 D .0800. 

(g) (f-) The state agency reserves the right to set off payments to an authorized vendor if the vendor fails 
to reimburse the state agency in accordance with Subparagraph (b)(23) of this Rule. 

(h) {g) North Carolina's procedures for dealing with abuse of the WIC program by authorized WIC vendors 
do not exclude or replace any criminal or civil sanctions or other remedies that may be applicable under any 
federal and state law. Neither the vendor nor the state is under any obligation to renew this contract. 
Nonrenewal of a vendor contract is not an appealable action. If a contract is not renewed, the person may 
reapply and if denied, may appeal the denial. 

(i) {h) Notwithstanding other provisions of this Rule, for the purpose of providing a one-time payment for 
WIC food instruments accepted by a non-authorized WIC vendor, a current WIC vendor agreement need only 
be signed by the vendor and the state agency. The vendor may request such one-time payment directly from 
the state agency. The vendor shall sign a statement indicating that he has provided foods as prescribed on the 
food instrument, charged current shelf prices and verified the identity of the participant. For the purposes 
of effecting such a WIC vendor agreement, the vendor is exempt from the inventory requirement and the 
requirement for an on-site visit by the local WIC agency. Any WIC vendor agreement entered into in this 
manner shall automatically terminate upon payment of the food instrument in question. 

(j) In considering whether disqualification of a WIC vendor would create undue participant hardship 
pursuant to 7 CFR 246. 12(k)(l)(iv)(A) or 246.12(k)(l)(v), disqualification shall not create undue hardship if 
any one of the following criteria js met: 

(1) the noncomplying vendor is located outside of the limits of a city, as defined in G.S. 160A-2, and 
another WIC vendor is located within seven miles of the noncomplying vendor; 

(2) the noncomplying vendor is located within the limits of a city, as defined ]n G.S. 160A-2, and 
another WIC vendor is located within three miles of the noncomplying vendor; 

(3) a WIC vendor, other than the noncomplying vendor, is located within one mile of the local agency 
at which WIC participants pick up their food instruments; 

(4) WIC participants have access to public transportation to another WIC vendor; or 

(5) WIC participants must drive to reach a WIC vendor, regardless of whether the noncomplying 
vendor is disqualified. 



Statutory Authority G.S. 130A-361. 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2155 



PROPOSED RULES 



SECTION .0900 - WIC PROGRAM PARTICIPANT FAIR HEARINGS 

.0909 HEARING OFFICER 

The agency official or any designated representative hc/sho may name The Director of the Division of 
Maternal & Child Health shall designate a representative who did not participate in making the decision under 
appeal may to be the hearing officer. The hearing officer shall: 

(1) preside over the informal proceeding; 

(2) ensure that all relevant issues are considered; 

(3) request, receive and insert into the hearing record all evidence determined necessary to reach a 
decision; 

(4) conduct the meeting in accordance with due process and ensure an orderly hearing; 

(5) order, if relevant and necessary, an independent medical assessment or professional evaluation for 
the appellant from a source mutually satisfactory to all parties to the hearing; 

(6) issue to the agency official a proposal for decision, or, if authorized by the agency official and 
agreed to by the parties in writing or at the hearing, render a final decision which will resolve the 
dispute. 

Statutory Authority G. S. 130A-361; 

I\otice is hereby given in accordance with G.S. 
150B-21.2 that EHNR - Commission for Health 
Services intends to amend rules cited as 15A 
NCAC 24A .0202 and .0402. 

1 he proposed effective date of this action is July 
1, 1995. 

1 he public hearing will be conducted at 1:30 
p.m. on April 19, 1995 at the Ground Floor 
Hearing Room, Archdale Building, 512 N. Salis- 
bury Street, Raleigh, N. C. 

AVeason for Proposed Action: 
15A NCAC 24A .0202 - TJte Cancer Control 
Program has sufficient funds to expand its income 
eligibility scale to 200% of the federal poverty 
level in order to provide for more low-income 
patients who are notfiinded by Medicaid or insur- 
ance. Also, this change will cause the Cancer 
Control Program to have a financial eligibility 
scale identical to the Breast and Cervical Cancer 
Control Program from which an increasing number 
of patients are referred to the Cancer Control 
Program. 

Text shown in Bold in 15 A NCAC 24A .0202 was 
adopted by agency on February 9, 1995. These 
changes are pending review by the Rules Review 
Commission for an effective date of April 1 , 1995. 
15A NCAC 24 A .0402 - The current rule states 
that "Die Department shall reimburse providers of 
authorized inpatient hospitalization services at the 



Medicaid per diem rate in effect at the time the 
claim is received by the Department. " Medicaid 
began reimbursing inpatient hospital service based 
on Diagnosis Related Groups (DRG's), instead of 
per diems, effective January 1 , 1995. Per diems 
for the current fiscal year will expire June 30, 
1995, therefore, after that time, we will have no 
reimbursement basis for inpatient hospital service 
without amending this rule. 

Lsomment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to Grady L. 
Balentine, Department of Justice, P.O. Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by April 19, 1995. Persons who 
wish to speak at the hearing should contact Mr. 
Balentine at (919) 733-4618. Persons who call in 
advance of the hearing will be given priority on 
the speaker 's list. Oral presentation lengths may 
be limited depending on the number of people that 
wish to speak at the public hearing. Only persons 
who have made comments at a public hearing or 
who have submitted written comments will be 
allowed to speak at the Commission meeting. 
Comments made at the Commission meeting must 
either clarify previous comments or proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTER- 
ESTED AND POTENTIALLY AFFECTED 
PERSONS, GROUPS, BUSINESSES, ASSOCIA- 
TIONS, INSTITUTIONS OR AGENCIES MAKE 



2156 



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9:24 



PROPOSED RULES 



THEIR VIEWS AND OPINIONS KNOWN TO 
THE COMMISSION FOR HEALTH SERVICES 
THROUGH THE PUBLIC HEARING AND 
COMMENT PROCESS, WHETHER THEY 
SUPPORT OR OPPOSE ANY OR ALL PROVI- 
SIONS OF THE PROPOSED RULES. THE 
COMMISSION MAY MAKE CHANGES TO 
THE RULES AT THE COMMISSION MEET- 
ING IF THE CHANGES COMPLY WITH G.S. 
150B-21.2(f). 

CHAPTER 24 - GENERAL PROCEDURES 
FOR PUBLIC HEALTH PROGRAMS 

SUBCHAPTER 24A - PAYMENT 
PROGRAMS 

SECTION .0200 - ELIGIBILITY 
DETERMINATIONS 

.0202 DETERMINATION OF FINANCIAL 
ELIGIBILITY 

(a) A patient must meet the financial eligibility 
requirements of this Subchapter to be eligible for 
benefits provided by the payment programs. 
Financial eligibility shall be determined through 
application of income scales. The definition of 
annual net income in Rule .0203 of this Subchapter 
and the definitions of family in Rule .0204 of this 
Subchapter shall be used in applying the income 
scalesr A except as provided in Paragraph (f) of this 
Rule. 

(b) A person shall be financially eligible for 
inpatient services under the Sickle Cell Program, 
and for inpatient services under Children's Special 
Health Services if the person is age 8-20 if the net 
family income is at or below the following scale 
Family Size 1: $4,200; Family Size 2: $5,300 
Family Size 3: $6,400; Family Size 4: $7,500 
Family Size 5 and over: add $500 per family 
member. 

(c) A person shall be financially eligible for the 
Cancer Program, for outpatient services under the 
Sickle Cell Program, for outpatient services under 
Children's Special Health Services, and for inpa- 
tient services under Children's Special Health 
Services if the person is age 0-7, if the net family 
income is at or below the federal poverty level in 
effect on July 1 of each fiscal year. 

(d) A person shall be financially eligible for the 
HIV Medications Program if the net family income 
is at or below 85 110 percent of the federal pover- 
ty level in effect on April July 1 of each fiscal 
year. 

(e) A person shall be financially eligible for the 



Kidney Program if the net family income is at or 
below the following scale: Family Size 1 : $6,400 
Family Size 2: $8,000; Family Size 3: $9,600 
Family Size 4: $11,000; Family Size 5: $12,000 
Family Size 6 and over: add $800 per family 
member. 

(f) A person shall be financially eligible for the 
Cancer Program if gross family income is at or 
below 200% of the federal poverty level in effect 
on July 1 of each year. 

(g) (f) The financial eligibility requirements of 
this Subchapter shall not apply to: 

(1) Migrant Health Program; 

(2) Children's Special Health Services 
when the requirements of 15A NCAC 
21F .0800 are met; 

(3) School Health Program financial eligi- 
bility determinations performed by a 
local health department which has 
chosen to use the financial eligibility 
standards of the Department of Public 
Instruction's free lunch program; 

(4) Prenatal outpatient services sponsored 
through local health department deliv- 
ery funds, 15A NCAC 21 C .0200; or 
through Perinatal Program high risk 
maternity clinic reimbursement funds, 
15A NCAC 21C .0300; 

(5) Diagnostic assessments for infants up to 
12 months of age with sickle cell syn- 
drome. 

(h) {g) Except as provided in Paragraph fh} £1} 
of this Rule, once an individual is determined 
financially eligible for payment program benefits, 
the individual shall remain financially eligible for 
a period of one year after the date of application 
for financial eligibility unless there is a change in 
the individual's family size pursuant to Rule .0204 
of this Subchapter or his family's financial re- 
sources or expenses during that period. If there is 
a change, financial eligibility for payment program 
benefits must be redetermined. Financial eligibili- 
ty must be redetermined at least once a year. 

(i) {b) For purposes of the Kidney Program and 
HIV Medications Program, once an individual is 
determined to be financially eligible, if the applica- 
tion for financial eligibility was received by the 
Department in the fourth quarter of the fiscal year, 
the individual shall remain financially eligible for 
benefits until the end of the next fiscal year unless 
there is a change in the individual's family size 
pursuant to Rule .0204 of this Subchapter or his 
family's financial resources or expenses during that 
period. 

(\) & If the most current financial eligibility 



9:24 



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March 15, 1995 



2157 



PROPOSED RULES 



form on file with the Department shows that the 
patient was financially eligible on the date an 
Authorization Request for payment for drugs was 
received, the Authorization Request may be ap- 
proved so long as the Authorization Request is 
received less than 30 days prior to the expiration 
of financial eligibility and the authorized service 
does not extend more than 30 days after the 
expiration of financial eligibility. 

Statutory Authority G.S. 130A-4.2; 130A-5(3); 
130A-124; 130A-127; 130A-129; 130A-205. 

SECTION .0400 - REIMBURSEMENT 

.0402 REIMBURSEMENT FOR INPATIENT 
HOSPITALIZATION 

The Department shall reimburse providers of 
authorized inpatient hospitalization services at the 
Medicaid per diem rote in effect at the time the 
claim i s received by the Department 80 percent of 
the hospital's inpatient cost rate, which is then 
a pplied to the amount billed for authorized servic- 
es. The inpatient cost rate is a ratio of cost to 
charges that is derived from audited cost reports 
and is obtained from the Division of Medical 
Assistance. The Department shall use the cost rate 
in effect on the date a claim is received, and 
retroactive adjustments to claims paid shall not be 



made. If a cost rate cannot be obtained for an out- 
of-state hospital, the Department shall reimburse 
the hospital at 75 percent of the billed amount for 
authorized services. The cost rates and any subse- 
quent amendments and editions are incorporated 
herein by reference in accordance with G.S. 150B- 
21.6. The cost rates can be obtained from the 
Office of the Controller, Purchase of Medical Care 
Services Section, RO. Box 27687, Raleigh, N.C. 
27611-7687. 

Statutory Authority G.S. 130A-5(3); 130A-124; 
130A-127; 130A-129; 130A-205; 130A-223. 

TITLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 

IVotice is hereby given in accordance with G.S. 
150B-21.2 that the State Board of Education 
intends to amend rule cited as 16 NCAC 6D .0101 
and adopt rule cited as 16 NCAC 6D .0304. 

1 he proposed effective date of this action is 
August 1, 1995. 



1 he public hearing will be conducted at 9:30 
a.m. on April 19, 1995 at the Education Building, 
Room 224, 301 N. Wilmington Street, Raleigh, NC 
27601-2825. 

MXeason for Proposed Action: 

16 NCAC 6D . 0101 - Amendment simplifies terms 
"diploma " and "graduation ". 
16 NCAC 6D .0304 - Rule is needed to define 
grade-level proficiency standards and how these 
standards are to be used. 

Lsomment Procedures: Any interested person may 
present comments orally at the hearing or in 
writing prior to or at the hearing. 

CHAPTER 6 - ELEMENTARY AND 
SECONDARY EDUCATION 

SUBCHAPTER 6D - INSTRUCTION 

SECTION .0100 - CURRICULUM 

.0101 DEFINITIONS 

As used in this Subchapter: 

(1) "Competency goals" means broad state- 
ments of general direction or purpose. 

(2) "Course unit" means at least 150 clock 
hours of instruction. LEAs may award 
credit for short courses in an amount 
corresponding to the fractional part of a 
total unit. 

(3) "Curriculum guide" means a document 
prepared by the Department for each 
subject or area of study listed in the 
standard course of study and many com- 
monly offered electives, including com- 
petency goals, objectives and suggested 
measures. 

(4) "Diploma" means that document by 
which the LEA certifies that a student has 
satisfactorily complet e d all stat e and local 
course r e quirements and haa paoood th e 
North Carolina Competency Teot met the 
requirements of Rule .0103 of this Sec- 
tion. 

(5) "Graduation" means satisfactory comple- 
tion of all state and local course require- 
ments and achievement of a paooing ooore 
on the North Carolina Competency T e st 
meeting the requirements of Rule .0304 
of this Subchapter . 

(6) "Measures" means a variety of sugges- 



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9:24 



PROPOSED RULES 



tions for ways in which the student may 
demonstrate ability to meet an objective. 

(7) "Objective" means a specific statement of 
what the student will know or be able to 
do. 

(8) "Proper test administration" means ad- 
ministration of tests adopted by the SBE 
for students, in accordance with Section 
.0300 of this Subchapter. 

(9) "Special education student" means a 
student enrolled in or eligible for partici- 
pation in a special education program. 

(10) "Standard course of study" means the 
program of course work which must be 
available to all public school students in 
the state. 

(11) "Transcript" means that document which 
provides a record of: 

(a) All courses completed and grades 
earned; 

(b) scores achieved on standardized tests; 
and 

(c) participation in special programs or any 
other matter determined by the LEA. 

Statutory Authority G.S. 115C-81. 

SECTION .0300 - TESTING PROGRAMS 

10304 GRADE-LEVEL PROFICIENCY 

(a) In grades K-2, teachers must identify those 
students who are not performing at grade-level 



Bcpectations. In grades 3-8, grade-level proficiency 
Level HI or above on end-of-grade tests in 
reading and mathematics. 



(b) LEAs shall issue the NC standardized high 
ichool transcript to high school students at the end 



rf each school year to inform parents and students 
rf student progress. 

(c) LEAs shall provide focused intervention to 
ill students who do not demonstrate grade-level 
proficiency. This intervention shall include extend- 



jd instructional opportunities that are different 
From and supplemental to the normal instructional 



op portunities and that are specifically designed to 



improve the student's performance to grade-level 
proficiency. Strategies may include but are not 
limited to alternative learning models, special 
lomework. smaller classes, tutorial sessions. 



xtended school day, Saturday school, modified 
nstructional programs, parental involvement, 
ummer school instruction, or retention. 



(d) LEAs shall use existing funding resources to 
provide focused assistance designed to improve 



student performance to grade-level proficiency. 



(e) LEAs decide to promote or retain a student 
based on local policy and discretion, but must 
consider test scores and other information that may 
indicate a student's grade- level proficiency. 

(f) The department will monitor LEAs and 
schools annually for progress in increasing the 
number of students who meet the standard for 
grade-level proficiency. The department uses 
percentages of students who are above grade-level 
proficiency and of those who have moved from 
Level I to Level II to compare progress from year 
to year. 

(g) The SBE uses district-level report cards to 
monitor the progress of LEAs. LEAs shall use 
school improvement reports to monitor schools m 
their district. 

Statutory Authority G.S. U5C-12(9)c; 115C- 
81(b)(4). 

TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

IVotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Transportation intends to amend rule cited as 19A 
NCAC02B .0221. 

1 he proposed effective date of this action is July 
1, 1995. 

Instructions on How to Demand a Public Hearing 
(must be requested in writing within 15 days of 
notice): A demand for a public hearing must be 
made in writing and mailed to Emily Lee, Depart- 
ment of Transportation, P.O. Box 25201, Raleigh, 
NC 27611. The demand must be received within 
15 days of this Notice. 

Reason for Proposed Action: Amendment adds 
"Bed and Breakfast" establishments to General 
Motorist Services Signs program. 

Comment Procedures: Any interested person may 
submit written comments on the proposed rule by 
mailing the comments to Emily Lee, Department of 
Transportation, P.O. Box 25201, Raleigh, NC 
27611 , within 30 days after the proposed rule is 
published or until the date of any public hearing 
held on the proposed rule, whichever is longer. 



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2159 



PROPOSED RULES 



CHAPTER 2 - DIVISION OF HIGHWAYS 

SUBCHAPTER 2B - HIGHWAY PLANNING 

SECTION .0200 - TRAFFIC ENGINEERING 

.0221 GENERAL MOTORIST SERVICES 
SIGNS 

(a) General Motorist Services Signs mean signs 
that provide travelers with directional information 
for essential motorist services. The signs carry 
word legends GAS, DIESEL, LP (PROPANE) 
GAS, FOOD, LODGING, BED AND BREAK- 
FAST, PHONE, HOSPITAL, and TOURIST 
INFORMATION CENTER with appropriate 
directional legend, and the exit number where 
applicable. The cost associated with General 
Motorist Services Signs is the responsibility of the 
Department of Transportation. 

(b) Specific Services Signs mean signs erected 
under the Specific Information Signing Program as 
described in G.S. 136-140.7. These signs provide 
travelers with business identification and direction- 
al information for essential motorist services. The 
signs carry word legends GAS, FOOD, LODG- 
ING and CAMPING with appropriate directional 
legend, the exit number where applicable, and one 
or more business logos. The cost associated with 
Specific Services Signs is borne by the businesses 
whose logos are shown on the signs through initial 
and annual fees paid to the Department of Trans- 
portation. 

(c) Signing for general motorist services shall be 
installed only on rural fully controlled access 
highways and shall be in conformance with the 
"Manual on Uniform Traffic Control Devices." 
Requests for signing for general motorist services 
shall be directed to the highway division engineer 
having jurisdiction in the county in which the sign 
is proposed. If approved, services signing shall be 
installed and maintained by the Department of 
Transportation. 

(d) General Requirements for All Services. The 
requirements in this Paragraph shall be applied in 
determining the placement of service signs on the 
rural fully controlled access highways. Service 
signs shall be erected only at grade separated 
interchanges. A fully controlled access highway 
shall have neither a minimum length requirement 
nor minimum number of interchanges requirement 
to qualify for erection of service signs. A facility 
shall meet the specific requirements for signs in 
Paragraph (e). It shall have an outside 
coin-operated telephone in the immediate vicinity 
of the business (within the intersection area, at an 



adjacent business or across the road), which is 
accessible. A business phone at an adjacent 
business is not a public telephone for a particular 
applicant business. The maximum distance that a 
"Gas", "Diesel", "LP (PROPANE) Gas", "Food", 
"Bed and Breakfast" or "Lodging" service can be 
located from the facility shall not exceed three 
miles in either direction via an all-weather road. 
Where no qualifying services exist within three 
miles, the maximum distance may be increased to 
six miles, provided the total travel distance to the 
business and return to the interchange does not 
exceed 12 miles. When the nearest qualifying 
service is located more than three miles from the 
facility, the distance to the service shall be shown 
on the service sign at the ramp terminal. The 
maximum distance for a "Camping" service shall 
not exceed 10 miles. Said distances shall be 
measured from the point on the interchange cross- 
road, coincident with the centerline of the facility 
route median, along the roadways to the respective 
motorist service. The point to be measured to for 
each business is a point on the roadway that is 
perpendicular to the corner of the nearest wall of 
the business to the interchange. The wall to be 
measured to shall be that of the main building or 
office. Walls of sheds (concession stands, storage 
buildings, separate restrooms, etc.) whether or not 
attached to the main building are not to be used for 
the purposes of measuring. If the office (main 
building) of a business is located more than 0.2 
mile from a public road on a private road or drive, 
the distance to the office along the said drive/road 
shall be included in the overall distance measured 
to determine whether or not the business qualifies 
for business signing. The office shall be presumed 
to be at the place where the services are provided. 
(e) Specific Requirements for Erection of Gener- 
al Motorist Services Signs: 

(1) Gas, Diesel, LP (PROPANE) Gas, and 
Associated Services. Criteria for erec- 
tion of a Gas service sign, a Diesel 
service sign, or an LP (PROPANE) Gas 
Service sign shall include: 

(A) appropriate licensing to operate as 
required by law; 

(B) vehicle services for fuel, motor oil, 
tire repair (by an employee) and 
water; 

(C) restroom facilities and drinking water 
suitable for public use; 

(D) an on-premise attendant to collect 
monies, make change, and make or 
arrange for tire repairs; and 

(E) year-round operation at least 16 con- 



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PROPOSED RULES 



tinuous hours per day, 7 days a week. 

(2) Food. Criteria for erection of a Food 
service sign shall include: 

(A) appropriate licensing to operate as 
required by law, and a permit to 
operate by the health department; 

(B) year-round operation at least 12 con- 
tinuous hours per day to serve three 
meals a day (sandwich type entrees 
may be considered a meal) (breakfast, 
lunch, supper), 7 days a week; 

(C) indoor seating for at least 20 persons; 
and 

(D) public restroom facilities. 

(3) Lodging. Criteria for erection of a 
Lodging service sign shall include: 

(A) appropriate licensing to operate as 
required by law, and a permit to 
operate by the health department; 

(B) sleeping accommodations consisting 
of a minimum of 10 units, each in- 
cluding bathroom and sleeping rooms 
except a lodging business operating as 
a "Bed and Breakfast" establishment 
with fewer than 10 units may request 
"Bed and Breakfast" signs ; 

(C) off-street vehicle parking for each 
lodging room for rent; and 

(D) year-round operation. 

(4) Camping. Criteria for erection of a 
Camping service sign shall include: 

(A) appropriate licensing to operate as 
required by law; 

(B) meeting all state and county health 
and sanitation codes, and having 
water and sewer systems which have 
been duly inspected and approved by 
the local health authority. The opera- 
tor shall present evidence of such 
inspection and approval; 

(C) at least 10 campsites with accommo- 
dations for all types of travel-trailers, 
tents and camping vehicles; 

(D) parking accommodations to meet 
current demand; 

(E) continuous operation, 7 days a week 
during business season. 

A business sign shall be removed or 
masked by the Department during off 
seasons, if the campground is operated 
on a seasonal basis. 

(5) Phone. Signs may be posted for a 
phone location only in respect to out- 
door telephone booths where service is 
available on a twenty-four hour basis. 



(6) Hospital. Hospital signs shall consist 
of the word "Hospital" along the main 
roadway and the blue "H" at the end of 
the ramp. The blue "H" shall be used 
to trailblaze from the ramp terminal to 
the hospital where needed. The intent 
of providing "Hospital" signs along 
interstate or controlled access highways 
is to direct unfamiliar motorists to a 
hospital in case there is a need for 
emergency medical services. The blue 
"Hospital" sign shall be used on the 
interstate or controlled access high- 
ways. These hospital signs shall be 
used only for hospitals equipped to 
handle emergency cases with a physi- 
cian on duty 24 hours each day and 
within a practical distance from the 
interchange. A blue sign showing the 
name of the hospital at the end of the 
ramp along with the proper directional 
arrow may be provided when a traffic 
engineering investigation has shown the 
need. Trailblazer signs where neces- 
sary shall mark the route to the hospital 
using the blue "H". Use of the name of 
the hospital on green directional signs 
along conventional (non-interstate or 
non-controlled access) type streets and 
roads when a traffic engineering inves- 
tigation has shown they are needed may 
be permitted. These green directional 
signs apply only to those hospitals 
which do not provide the 24-hour emer- 
gency service. 

(7) Service signs shall not be erected on 
non-controlled or partially controlled 
access facilities or at locations within or 
near municipalities where it is obvious 
to the motorist that services are avail- 
able. 

(f) Tourist Information Center. Tourist informa- 
tion center service signing may be approved and 
installed by the Department of Transportation 
when the following conditions are met: 

(1) The motorist using the highway in a 
particular direction must be able to 
leave and return to the highway via the 
same interchange and continue in the 
same direction of travel. 

(2) The service must be located in a rest 
area on the freeway or within one mile 
of the interchange off ramp and on a 
direct route from the freeway. 

(3) The service must operate continuously 



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2161 



PROPOSED RULES 



for at least eight hours per day, seven 
days per week, and 360 days per year. 

(4) At least one separate and trained atten- 
dant with knowledge of tourist facilities 
in the state shall be on duty to service 
visitors during all hours of operation. 

(5) The facility must have available at no 
charge to visitors complete information 
on tourist facilities in the state; such as 
lodging, auto service, food, medical, 
recreational, historical and scenic sites; 
and it must also be readily available 
when attendant is off duty. 

(6) The service must be housed in a sepa- 
rated area from other facilities in an 
appropriate building to provide an area, 
heated in winter and cooled in summer, 
of not less than 625 square feet of floor 
area for displays and lounge devoted 
for providing this service. 

(7) The service must have at least one 50 
pocket rack for noncommercial public 
service materials and displays. 

(8) The service must have rest room facili- 
ties available at no cost to the visitor 
and designed for use by handicapped 
individuals. 

(9) The service must have drinking water 
approved by appropriate local authority. 

(10) The service must have a public tele- 
phone designed for use by handicapped 
individuals. 

(11) The service must have off-street park- 
ing at no cost to the motorist and must 
have curb cuts and ramps for the handi- 
capped. 

(12) Any displays, literature, magazines, 
etc., that would be judged by the De- 
partment to be offensive to visitors with 
children must not be readily visible. 

(13) The service must provide designated 
facilities for pets. 

(14) The name of the operating agency, 
community, group or enterprise shall 
not appear in the legend of any sign. 

(g) Removal of General Motorist Services Signs. 
(1) If municipal limits are revised so that 
an interchange is totally within a mu- 
nicipality, then existing general motor- 
ist services signs may be retained in 
place so long as they are in a service- 
able appearance and are not in need of 
refurbishing maintenance. When the 
signs are no longer serviceable they 
shall be removed. 



(2) When specific services (Logo) signing 
is installed along a section of Interstate 
controlled access roadway, then the 
existing general motorist services sign- 
ing shall be removed on that section of 
roadway except as covered in Subpara- 
graph (g)(3) of this Rule . When gener- 
al motorist services signs exist on as 
Interstate a controlled access roadway 
inside a municipality that does not 
qualify for specific services (Logo) 
signing, the general motorist services 
signs may remain in place, except as 
covered in Subparagraph (g)(1) above 
of this Rule , until such time that all 
rural sections of the Interstate con- 
trolled access route adjacent to the 
municipality are covered, then the 
general motorist services signs shall be 
removed except as covered in Subpara- 
graph (g)(3) of this Rule . 

(3) The State Traffic Engineer may, at his 
discretion, authorize the retention or 
addition of General Motorist Services 
Signs along sections of controlled ac- 
cess roadways signed with Specific 
Services (Logo) Signs or within munici- 
palities. 



Statutory Authority G. S. 
136-128; 136-140. 7. 



136-18(5); 136-30; 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARD 

CHAPTER 46 - BOARD OF PHARMACY 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Board of 
Pharmacy intends to amend rules cited as 21 
NCAC 46 .1317, .1601, .1603 - .1606, .1703 - 
.1704, .1801, .1804, .1806- .1807, .1809, .2006 
- .2008, .2102, .2504, .2601 - .2606, .2702, 
.2704, .2803; and adopt rules cited as 21 NCAC 
46 .1608 - .1611, .1810, .2109, .2505 - .2506, 
.2608- .2610, .2705. 

1 he proposed effective date of this action is July 
1, 1995. 

1 he public hearing will be conducted on the 
following dates, times and locations; 



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PROPOSED RULES 



April 17, 1995 

2:00 p.m. 

Institute of Pharmacy 

109 Church Street 

Chapel Hill, North Carolina 

May 19, 1995 

3:00 p.m. 

Grove Park Inn 

Asheville, North Carolina 

Keason for Proposed Action: 
21 NCAC 46 .1317 - to define certain medical 
equipment items. 

21 NCAC 46 .1601 - to allow pharmacies to use 
electronic balances instead of class A prescription 
balances. 

21 NCAC 46 .1603 - to specify when a new device 
and medical equipment permit is required. 
21 NCAC 46 .1604 - to specify when a device and 
medical equipment permit may be transferred. 
21 NCAC 46 .1605 - to add that the Board shall 
charge persons requesting verification for rein- 
statement of a device and medical equipment 
permit a fee of fifteen dollars ($15.00). 
21 NCAC 46 .1606 - to require the person in 
charge of the facility applying for a device and 
medical equipment dispensing permit to personally 
appear at the Board office. 

21 NCAC 46 .1608 - to specify requirements for 
issuance of a device and medical equipment per- 
mit. 

21 NCAC 46 .1609 - to specify when permits 
issued by the Board expire and become invalid. 
21 NCAC 46 .1610 - to specify requirements for 
reinstatement of forfeited licensing privileges. 
21 NCAC 46 .1611 - to specify a penalty for 
submittal of a dishonored and returned check. 
21 NCAC 46 .1703: 

Alternative 1 - to require that registered nurses 
authorized to dispense drugs shall only dispense 
drugs listed in the written standing protocols 
approved and signed by both the supervising 
physician(s) and the registered nurse and main- 
tained in each approved practice site and to 
require that assistants to a physician authorized to 
dispense drugs shall be limited to the dispensing of 
drugs that are delegated by the supervising physi- 
cian. 
Alternative 2 - to require that registered nurses or 



assistants to a physician authorized to dispense 
drugs shall only dispense those drugs listed on the 
formulary approved by the Board. 
21 NCAC 46 .1704 - to substitute the term "drug " 



for the term "medication ". 

21 NCAC 46 .1801 - to allow a device and medi- 
cal equipment dispenser the right to refuse to fill 
or refill a 

prescription order and to require the pharmacist or 
device and medical equipment dispenser to report 
such incident to the licensing board having juris- 
diction over the prescriber. 

21 NCAC 46 .1804 - to require that prescription 
orders may be received for filling and refilling only 
by the person in charge of the facility holding the 
device and medical equipment permit or a bonafide 
employee of the facility and to require that the 
person in charge shall be ultimately responsible for 
the safe, lawful and secure receipt of prescription 
orders and delivery of prescription drugs, devices, 
and medical equipment. 

21 NCAC 46 .1806 - to allow the transfer of 
original prescription information for the purpose of 
refill dispensing between device and medical 
equipment permit holders as long as certain condi- 
tions are met. 

21 NCAC 46 .1807 - to add that no agreement 
between a prescriber and a device and medical 
equipment permit holder shall require that pre- 
scription orders be transmitted by Fax from the 
prescriber to only that device and medical equip- 
ment permit holder and to require the person in 
charge of the device and medical equipment permit 
holder to maintain security of the facsimile trans- 
mission of prescription orders. 
21 NCAC 46 .1809 - to allow a device and medi- 
cal equipment permit holder, who receives a 
request for a prescription refill and is unable to 
obtain readily refill authorization from the pre- 
scriber, to dispense a one-time emergency refill of 
up to a 72-hour supply of the prescribed medica- 
tion provided that certain conditions are met. 
21 NCAC 46 .1810 - to require all locations 
holding a pharmacy permit where ingredients are 
routinely compounded for dispensing to maintain a 
compounding log. 

21 NCAC 46 .2006 - to allow the Board to issue 
an order summarily suspending a device and 
medical equipment permit if certain determinations 
are made. 

21 NCAC 46 .2007 - to set out procedures for 
determining contested cases involving device and 
medical equipment permit holders. 
21 NCAC 46 .2008 - to allow the use of informal 
procedures in determining matters involving device 
and medical equipment permit holders. 
21 NCAC 46 .2102 - to specify eligible voters for 
the device and medical equipment subcommittee. 
21 NCAC 46 .2109 - to specify the members of the 



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NORTH CAROLINA REGISTER 



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2163 



PROPOSED RULES 



device and medical equipment subcommittee. 
21 NCAC 46 .2504 - to require device and medi- 
cal equipment permit holders to counsel patients. 
21 NCAC 46 .2505 - to specify that veterinary 
prescription drugs may be dispensed only by a 
licensed veterinarian or by a pharmacist from a 
pharmacy pursuant to a prescription or order of a 
licensed veterinarian. 

21 NCAC 46 .2506 - to specify requirements to be 
completed prior to granting a pharmacist authori- 
sation to administer drugs. 

21 NCAC 46 .2601 - to require that medical 
equipment may only be dispensed by a place 
registered with the Board pursuant to G.S. 
90-85.22. 

21 NCAC 46 .2602 - to add that medical equip- 
ment shall be dispensed to outpatients only pursu- 
ant to an order from a practitioner. 
21 NCAC 46 .2603 - to require that persons other 
than pharmacists who are authorized to dispense 
medical equipment and who dispense medical 
equipment shall demonstrate to the Board's satis- 
faction that they have received sufficient education 
and training so that they can safely and properly 
dispense medical equipment. 
21 NCAC 46 .2604 - to require that all prescrip- 
tion and refill orders for devices and medical 
equipment shall be maintained for at least three 
years and to require that all device and medical 
equipment permit holders shall maintain a file copy 
of every item sold or rented with a serial number 
or tracking number or code in compliance with 
FDA Medical Device Tracking requirements. 
21 NCAC 46 .2605 - to add that device and 
medical equipment permits shall be issued by the 
Board to the person in charge of the location. 
21 NCAC 46 .2606 - to add that persons in charge 
or pharmacists dispensing medical equipment shall 
be responsible for promptly conveying to patients 
all pertinent warnings issued by government 
agencies or manufacturers. 

21 NCAC 46 .2608 - to require that compressed 
medical oxygen and liquid oxygen equipment shall 
be dispensed and controlled according to state and 
federal laws. 

21 NCAC 46 .2609 - to set out requirements for 
rehabilitation equipment suppliers. 
21 NCAC 46 .2610 - to set out requirements for 
medical gas, oxygen and respiratory related 
equipment suppliers. 

21 NCAC 46 .2702 - to revise the definitions of a 
qualified nuclear pharmacist, radiopharmaceutical 
service, and radiopharmaceuticals and to define 
quality control testing. 
21 NCAC 46 .2704 - to specify further require- 



ments for pharmacies providing radiopharmaceuti- 
cal services. 

21 NCAC 46 .2705 - to specify minimum equip- 
ment required for a nuclear pharmacy. 
21 NCAC 46 .2803 - to substitute the phrase 
"routinely compounded for dispensing" for the 
term "dispensed". 

i^omment Procedures: Persons wishing to present 
oral data, views or arguments on a proposed rule 
or rule change, may file a notice with the Board at 
least ten days prior to the public hearing at which 
the person wishes to speak. Comments should be 
limited to ten minutes. The Board's address is 
P.O. Box 459, Carrboro, NC 27510-0459. Wit- 
ten submission of comments or argument will be 
accepted at any time up to and until the close of 
the May 19, 1995 public hearing at which time the 
Board intends to act on the proposed rules. 

SECTION .1300 - GENERAL DEFINITIONS 

.1317 DEFINITIONS 

The definitions of various terms used in these 
Rules are found in G.S. 90, Article 4A, and as 
follows: 

(1) Approved School or College of Pharma- 
cy. A school or college of pharmacy 
accredited by the American Council on 
Pharmaceutical Education, or a foreign 
school with a professional pharmacy 
degree program of at least five years 
approved by the Board. 

(2) Auxiliary Drug Inventory. A secure, 
segregated, supplementary source for 
drugs to be used solely for the purpose of 
providing adequate drug availability when 
the pharmacy is closed or the pharmacist 
is unavailable. 

(3) Board. As defined in G.S. 90-85. 3(b). 

(4) Emergency Drugs. Those drugs whose 
prompt use and immediate availability are 
generally regarded by physicians as 
essential in the proper treatment of un- 
foreseen adverse changes in a patient's 
health or well-being. 

(5) Executive Director. The Secretary-Trea- 
surer and Executive Director of the 
Board. 

(6) Graduate of an Approved School or 
College of Pharmacy. A person who has' 
received an undergraduate professional 
degree in pharmacy from an approved 
school or college of pharmacy, or a 



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9:24 



PROPOSED RULES 



person who has graduated from a foreign 

professional school of pharmacy and has (14) 

successfully completed the Foreign Phar- (15) 

macy Graduate Equivalency Examination 

offered by the National Association of 

Boards of Pharmacy and the Test of 

English as a Foreign Language. 

(7) Indulgence in the Use of Drugs. The use 
of narcotic drugs or other drugs affecting 
the central nervous system or the use of 
intoxicating beverages to an extent as to 

deprive the user of reasonable self-con- (16) 

trol or the ability to exercise such judg- 
ment as might reasonably be expected of (17) 
an average prudent person. 

(8) Institutional Pharmacy. A pharmacy (18) 
maintained in a hospital, clinic, nursing 

home, rest home, sanitarium, non-federal 
governmental institution, industrial health (19) 

facility, or other like health service under 
the supervision of a pharmacist; or the 
central area in a hospital, clinic, or other 
health care facility where drugs are pro- 
cured, stored, processed, or issued, or 
where pharmaceutical services are per- 
formed. £20) 

(9) Limited Service Pharmacy Permit. A 
pharmacy permit issued by the Board to (21) 
an applicant that wishes to render in an 
institutional setting pharmaceutical servic- 
es not limited to scope and kind but to 

time and conditions under which such (22) 

services are rendered. 

(10) Pharmacist. Any person within the defini- 
tion set forth in G.S. 90-85. 3 (p), includ- 
ing any druggist. 

(11) Pharmacist-Manager. The person who 
accepts responsibility for the operation of 
a pharmacy in conformance with all 
statutes and regulations pertinent to the 
practice of pharmacy and distribution of 
drugs by signing the permit application, 
its renewal or addenda thereto. 

(12) Pharmacy. Any place within the defini- 
tion set forth in G.S. 90-85. 3 (q), includ- 
ing any apothecary or drugstore. 

(13) Pharmacy Intern. Any person who is duly 
registered with the Board under the in- (23) 
ternship program of the Board to acquire 
pharmacy experience or enrolled in ap- 
proved academic internship programs. A (24) 
pharmacy intern working under a phar- 
macist preceptor or supervising pharma- 
cist may, while under supervision, per- 
form all acts constituting the practice of 



pharmacy. 

President. The President of the Board. 
Two Years College Work. Attendance at 
a college accredited by a recognized 
accreditation agency for two academic 
years of not less than eight and one-half 
months each and the completion of work 
for credit leading to a baccalaureate 
degree or its equivalent and that would 
permit the student to advance to the next 
class. 

Undergraduate Professional Degree in 
Pharmacy. A B.S. or Pharm. D. degree. 
Vice-President. The Vice-President of the 
Board. 

Ambulation Assistance Equipment. 
Devices that aid in walking, excluding 
canes, crutches, and walkers. 
Diagnostic equipment. Equipment used 
to record physiological information while 
a person goes about normal daily living 
or while asleep in order to document a 
disease process. EPTs. thermometers, 
and cholesterol equipment are not includ- 
ed as diagnostic equipment. 
HMES. Home medical equipment sup- 
plier. 

Mobility equipment. Devices that aid a 
person in selfmovement. other than walk- 
ing, including manual or power wheel- 
chairs and scooters. 

Oxygen and respiratory care equipment- 
Equipment or devices used to administer 
oxygen or other legend drugs, maintain 
viable airways and/or monitor cardio- 
respiratory conditions or events, includ- 
ing, but not limited to. compressed medi- 
cal gases; oxygen concentrators; liquid 
oxygen; nebulizers; compressors; aerosol 
therapy devices; portable suction ma- 
chines; nasal continuous positive airway 
pressure (CPAP) machines; Bi-phasic 
positive pressure devices (BiPAP); infant 
monitors, such as apnea monitors and 
cardio-respiratory monitors; positive and 
negative pressure mechanical ventilators; 
and pulse oximeters. 

Place of residence. Any place used as an 
individual's temporary or permanent 
home- 
Rehabilitation Services. Services and 
equipment required to maintain or im- 
prove functional status and general health 
as prescribed by the physician which are 
uniquely specified for each individual's 



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2165 



PROPOSED RULES 



lifestyle. The people involved m this 
process include the patient, caregiver, 
physician, therapist, rehabilitation equip- 
ment supplier and others who impact on 
the individual's life style and endeavors. 
(25) Rehabilitation environmental control 
equipment. Equipment or devices which 
permit a person with disabilities to con- 
trol his or her immediate surroundings. 

Statutory Authority G.S. 90-85.3; 90-85.6; 
90-85. 8; 90-85. 13; 90-85. 14; 90-85. 15; 90-85. 21; 
90-85.38; 90-85.40. 

SECTION .1600 - LICENSES AND PERMITS 

.1601 PHARMACY PERMITS 

(a) Applications for pharmacy permits, whether 
original or renewal, shall be made upon forms 
provided by the Board. The Board shall not issue 
any original or annual renewal pharmacy permit 
until the Board is satisfied that: 

(1) Adequate qualified personnel has been 
secured by the management of the store 
to properly render pharmaceutical 
service in the manner prescribed by 
law. 

(2) Such personnel shall be maintained 
during that period for which the permit 
is issued. 

(3) Any and all unlicensed clerks have been 
instructed that they may render pharma- 
ceutical service only as an aid to and 
under the immediate supervision of a 
registered pharmacist. 

(4) The following minimum technical 
equipment is maintained: 

(A) Graduates. Capable of accurately 
measuring volumes from 1 ml to at 
least 500 ml; 

(B) Mortars and pestles: 
(i) one — glass; 

(ii) one — "Wedgwood"; 

(C) Stirring Rods. Two — assorted sizes, 
glass or rubber; 

(D) Ointment slab or suitable substitute; 

(E) Class A prescription or electronic 
balances and appropriate weights, 
suitable for all required weighings, at 
least one of which must be sensitive 
to six mg; 

(F) Suitable facilities for recording and 
filing prescriptions as required by 
G.S. 90-85.26; 

(G) Spatulas: 



(i) stainless steel, at least three as- 
sorted sizes; 

(ii) non-metallic, one of suitable size; 
(H) Useable Supplies. Adequate quantity 
of each and equipped with safety 
closures where required: 

(i) prescription bottles, 1 to 32 fluid 
ounces; 

(ii) dropper bottles, 1/2 to 2 fluid 
ounces; 

(iii) assorted pill and tablet containers; 

(iv) empty capsules, No. 00 to No. 3; 

(v) powder papers; 

(vi) ointment jars, assorted; 

(vii) prescription labels; 

(viii) all appropriate auxiliary labels; 
(I) Suitable heating apparatus; 
(J) Refrigerator; 
(K) Reference library, as follows: 

(i) the latest edition of the United 
States Pharmacopoeia (USP) and 
National Formulary and supple- 
ments thereto or a standard com- 
mentary thereon; 

(ii) a copy of the pharmacy laws of 
North Carolina, including the 
North Carolina Controlled Sub- 
stances Act and the rules adopted 
pursuant thereto, and the North 
Carolina Pharmacy Practice Act 
and the rules of the Board; 

(iii) a copy of the Federal Controlled 
Substances Act and the regula- 
tions adopted pursuant thereto; 

(iv) a Schedule V controlled substanc- 
es register (where these prepara- 
tions are sold other than on pre- 
scriptions); 

(v) a medical dictionary; 

(vi) current editions of generally 
accepted reference books on the 
following subjects: 

(I) drug interactions, 

(II) clinical pharmacology, and 

(III) USP Dispensing Information 
or its equivalent, 

(IV) if IV admixture services are 
provided, a reference on Par- 
enteral Incompatibilities. 

(5) The pharmacy is equipped with proper 
sanitary appliances including lavatory 
facilities with hot and cold running 
water, is adequately lighted, and is kept 
in a clean, orderly, and sanitary condi- 
tion. 



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9:24 



PROPOSED RULES 



(6) All prescription medications are labeled 
in accordance with G.S. 106-134 and 
106-134.1. 

(b) In addition to the requirements for issuance 
and renewal of a pharmacy permit imposed by a 
statute and by other rules of the Board, a permit 
hall not be issued or renewed to any person to 

Dperate a pharmacy wherein the prescriptions of 
nedical practitioners are compounded or dispensed 
md distributed when such distribution is effected 
jy mail and the practitioner-pharmacist-patient 
relationship does not exist, until the Board is 
atisfied that: 

(1) The pharmacy maintains records of 
prescriptions compounded or dispensed 
and distributed in manner that is readily 
retrievable; 

(2) During the pharmacy's regular hours of 
operation but not less than six days per 
week, for a minimum of forty hours per 
week, a toll-free telephone service is 
provided to facilitate communication 
between patients and a pharmacist at 
the pharmacy who has access to the 
patient's records. This toll-free number 
must be disclosed on the label affixed 
to each container of dispensed drugs; 

(3) The pharmacy complies with all lawful 
orders, directions, and requests for 
information from the Boards of pharma- 
cy of all states in which it is licensed 
and all states into which it distributes 
prescription drugs; 

(4) The pharmacy complies with all USP 
and FDA requirements regarding the 
storage, packaging, and shipping of 
prescription medications. 

["he pharmacist-manager and all other pharmacists 
smployed in the pharmacies permitted pursuant to 
his Paragraph shall be subject to all Federal and 
Jtate statutes and regulations concerning the 
lispensing of prescription medications including, 
nit not limited to, 21 NCAC 46 .1801 and .1805 
nd 21 CFR 1306.01, 1306.05, and 1306.21. 
tovided, however, that this Rule shall not apply 
o the occasional mailing of prescription drugs to 
>ona fide customers of any pharmacy when the 
iractitioner-pharmacist-patient relationship is 
present. 

(c) The Board shall not issue an original or 
enewal permit to any person to operate a drug- 
tore or pharmacy as a department in or a part of 
ay other business serving the general public 
except hospitals, nursing homes, and similar 
nstitutions subject to the provisions of .0300 of 



this Chapter) unless such pharmacy facility: 

(1) is physically separated from such other 
business; 

(2) is separately identified to the public 
both as to name and any advertising; 

(3) completes all transactions relative to 
such pharmacy within the registered 
facility; and 

(4) meets the same requirements for regis- 
tration as all other pharmacies. 

(d) Permits to operate pharmacies, whether 
original or renewal, shall be issued to the 
pharmacist-manager of such pharmacy pursuant to 
a joint application of the owner and 
pharmacist-manager for the conduct and manage- 
ment of said pharmacy. The issuance of said 
permit shall not be complete and the permit shall 
not be valid until it has been countersigned by the 
pharmacist-manager as represented in the applica- 
tion. The permit so issued is valid only so long as 
the pharmacist-manager to whom it was issued 
assumes the duties and responsibilities of 
pharmacist-manager. Permits may be reissued at 
any time to a successor pharmacist-manager 
pursuant to the proper amendment of the applica- 
tion for the permit. 

Statutory Authority G.S. 90-85.6; 90-85.21; 
150B-11. 

.1603 WHEN PERMITS REQUIRED 

(a) A permit issued by the Board is required for 
a new pharmacy or a change of ownership of an 
established pharmacy to a successor business entity 
which results in a change in the controlling interest 
in the pharmacy. 

(b) A new device or medical equipment permit 
is required for a new entity or a change of owner- 
ship of an established entity to a successor business 
entity which results in a change in the controlling 
interest of the established entity. 

Statutory Authority G.S. 90-85.6; 90-85.21; 90- 
85.22. 

. 1604 TRANSFER OF PERMITS ALLOWED 

(a) A valid pharmacy permit may be transferred 
and a new permit is not required where a change 
of ownership of a pharmacy with a permit results 
from a transfer to or from a sole proprietorship, a 
partnership, a corporation, or any other business 
entity if the transfer does not involve the acquisi- 
tion of more than 50 percent interest in the phar- 
macy by any party who was not a signatory on the 
original pharmacy permit application. 



1-24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2167 



PROPOSED RULES 



(b) A valid device and medical equipment 
permit may be transferred and a new permit is not 
required where a change of ownership of the entity 
with a permit results from a transfer to or from a 
sole proprietorship, a partnership, a corporation, 
or any other business entity if the transfer does not 
involve the acquisition of more than 50 percent 
interest in the entity by any party who was not a 
signatory on the original device and medical 
equipment permit. 

(c) {b) A transfer of ownership of a permit is 
not allowed where the permit is involved in a 
pending disciplinary proceeding. 



Statutory Authority G. S. 
90-85.22. 



90-85.6; 90-85.21; 



.1605 CHARGE FOR VERIFICATION FOR 
REINSTATEMENT 

The Board shall charge persons requesting 
verification for reinstatement of a pharmacy license 
or permit or a device and medical equipment 
permit a fee of fifteen dollars ($15.00) per verifi- 
cation. 

Statutory Authority G.S. 90-85.6; 90-85.17; 90- 
85.21; 90-85.22; 150B-19(5)(e). 

.1606 REQUIREMENT OF PERSONAL 
APPEARANCE 

Prior to issuance of any original permit or device 
and medical equipment dispensing permit, or prior 
to approval for dispensing by a nurse practitioner 
or physician's assistant, the following persons must 
appear personally at the Board office on the first 
Monday of the month, the Monday before the 
monthly Board meeting, or such other time as 
scheduled with the Board's staff: 

(1) the pharmacist-manager for the applicant 
pharmacy; 

(2) the person in charge of the facility apply- 
ing for the device and medical equipment 
dispensing permit; 

(3) the nurse practitioner applying for ap- 
proval for dispensing and the supervising 
pharmacist; and 

(4) the physician's assistant applying for 
approval for dispensing and the supervis- 
ing pharmacist. 

Statutory Authority G.S. 90-18.1; 90-18.2; 90- 
85. 3(a), (r); 90-85. 6; 90-85. 21; 90-85. 22. 



.1608 DEVICE AND MEDICAL 
EQUIPMENT PERMITS 

(a) Applications for device and medical equip- 
ment permits, whether original or renewal, shall 
be made upon forms provided by the Board. The 
Board shall not issue any original or annual renew- 
al device and medical equipment permit until the 
Board is satisfied that: 



ill 



ill 



Ql 



iM 



im 



(41 



15} 



m 



m 

18} 
£9} 

(10) 



Adequate qualified personnel have been 
secured by the management of the 
facility to properly render device and 
medical equipment services in the man- 
ner prescribed by law. 
Such personnel shall be maintained 
during the period for which the permit 
is issued. 

If medical oxygen is dispensed, the 
following medical equipment is main- 
tained: 
Sufficient backup of oxygen and 
supplies for equipment serviced to 
maintain continuation of therapy; and 
An oxygen analyzer, if concentrators 
are dispensed. 
Suitable facilities shall be maintained to 
house inventory, to allow for fabrica- 
tion work space, and to record and file 
prescription orders as required by law. 
A copy of the pharmacy laws of North 
Carolina, including the North Carolina 
Pharmacy Practice Act and the rules of 
the Board shall be present in the facility 
at all times. 

The facility is equipped with a function- 
ing lavatory where hot and cold running 
water or hand washing appliances 
and/or waterless hand cleaner are avail- 
able. 

The facility is kept in a clean, orderly, 
and sanitary condition. 
The applicants' services are accessible 
to its customer base- 
All prescription medications are labeled 
in accordance with G.S. 106-134 and 
106-134.1. 



an 



The applicant complies with all USP 
and FDA requirements regarding the 
storage, packaging, and shipping of 
prescription medications, including 
medical oxygen. 

The applicant's services are available 
24 hours, seven days per week when 
essential to the maintenance of life or 
when the lack of such services might 
reasonably cause harm. 



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9:24 



PROPOSED RULES 



(12) The applicant implements and maintains 
a written procedure at each location for 
handling complaints and problems, 
which includes a complaint file docu- 
menting complaints and problems and 
resolution of the complaints or prob- 
lems. 

(13) The applicant complies with local/state 
fire and building laws, 

(14) The applicant complies with current 
Occupational Safety and Health Admin- 
istration (OSHA) laws and require- 
ments, including the approach to infec- 
tion control known as "Universal Pre- 
cautions." 

(b) Device and medical equipment permits, 
whether original or renewal, shall be issued to the 
person in charge of the facility pursuant to a joint 
application of the owner and person in charge. 
The issuance of said permit shall not be complete 
and the permit shall not be valid until it has been 
countersigned by the person in charge as represent- 
ed in the application. The permit so issued is 
valid only so long as the person in charge to whom 
it was issued assumes his duties and responsibili- 
ties. Permits may be reissued at any time to a 
successor person in charge pursuant to the proper 
amendment of the a pplication for the permit. 

(c) When a device and medical equipment 
dispensing facility is to be closed permanently, it 
is the responsibility of the person in charge to 
inform the Board of the closing and arrange for the 
proper disposition of devices and medical equip- 
ment and return the permit to the Board's offices 
within 10 days of the closing date. It ]s the re- 
sponsibility of the person in charge, jointly held 
with the owner (if the owner is someone other than 
the person in charge), to provide for the orderly 
transfer of records to another permit holder for 
maintenance of patient therapy and to inform the 
public of such transfer by posted notice or other- 
wise. 

(d) Charitable organizations providing devices 
and medical equipment at no charge must register 
with the Board and may request a waiver of the 
fee for device and medical equipment permits. 
Loaner closets providing device and medical 
equipment at no charge, excluding oxygen or other 
life support devices, must register with the Board 
but are exempt from the fee for device and medi- 
cal equipment permits. 

Statutory Authority G.S. 90-85.6; 90-85.22. 



.1609 PERMIT RENEWAL 

Permits issued by the Board ex pire on December 
31 and become invalid 60 days following expira- 
tion. 

Statutory Authority G.S. 90-85.6; 90-85.21. 

.1610 REINSTATEMENT OF FORFEITED 
LICENSING PRIVILEGES 

An individual whose licensing privileges have 
been forfeited pursuant to G.S. 15A-1331, shall 
immediately surrender to the Board office his or 
her permit or license, current renewal certificate, 
and wallet card. In order to have the licensing 
privileges reinstated, the individual must appear 
before the Board and submit evidence that it would 
be in the public interest to reinstate the licensing 
privileges and that he or she can safely and proper- 
]y_ practice pharmacy. 

Statutory Authority G.S. 15A-1331; 90-85.19. 

.1611 PENALTY FOR SUBMITTAL OF 
DISHONORED AND RETURNED 
CHECK 

(a) Any person, firm or corporation submitting 
to the Board a check which is subsequently re- 
turned to the Board because of insufficient funds 
or because there is no account open at the bank 
will be charged a penalty fee of twenty dollars 
($20.00) for processing the check. 

(b) Until such time as the payor of the returned 
check pays the amount of the check and pays the 
prescribed penalty fee, the payor will not be 
eligible to take an examination, review an exami- 
nation, obtain a license or permit or have his 
license or permit renewed. 

(c) Any license or permit which has been issued 
based on the payment of a check which is subse- 
quently returned to the Board for reasons stated in 
Paragraph (a) of this Rule will be declared invalid 
until such time as the payor pays the amount of the 
check and pays the prescribed penalty fee. 

(d) Payment to the Board of the amount of the 
returned check and the prescribed penalty fee shall 
be made in the form of a cashier's check or money 
order. 

(e) All examination, license and permit, and 
license and permit renewal applications provided 
by the Board shall contain information in a con- 
spicuous place thereon clearly advising the appli- 
cant of the applicable penalty for returned checks. 

Statutory Authority G.S. 25-3-512; 150B-19(5)e. 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2169 



PROPOSED RULES 



SECTION .1700 - DRUGS DISPENSED BY 
NURSE OR PHYSICIAN'S ASSISTANT 

Alternative 1 

.1703 DRUGS TO BE DISPENSED 

(a) Such drugs as may be dispensed by the 
registered nurse or assistant to a physician who is 
authorized to prescribe or dispense drugs shall be 
limited to those drugs in the formulary approved 
by the Board of Medical Examiners written stand- 
ing protocols approved and signed by both the 
supervising physician(s) and the registered nurse 
and maintained in each approved practice site. 
The written standing protocols shall include drugs 
that may be prescribed, ordered and implemented 
by the registered nurse, which lists drugs the 
registered nurse or assistant to a physician is 
authorized to prescribe. All drugs not listed in the 
formulary written standing protocols which might 
be prescribed by the physician supervising the 
registered nurse or assistant to the physician must 
be dispensed personally by the prescribing physi- 
cian, by the pharmacist, or by a person acting 
under the supervision of the pharmacist. 

(b) Such drugs as may be dispensed by an 
assistant to a physician who is authorized to 
prescribe or dispense drugs shall be limited to the 
dispensing of drugs that are delegated by the 
supervising physician. 



C.S. 90-18.1; 90-18.2; 



Statutory Authority 
90-85. 6. 

Alternative 2 



.1703 DRUGS TO BE DISPENSED 

(a) Such drugs as may be dispensed by the 
registered nurse or assistant to a physician who is 
authorized to prescribe or dispense drugs shall be 
limited to those drugs on the formulary approved 
by the Board of Medical Examiners which lists 
drugs the registered nurse or assistant to a physi- 
cian is authorized to dispense. 

(b) All drugs not listed in the formulary which 
might be prescribed by the physician supervising 
the registered nurse or assistant to the physician 
must be dispensed personally by the prescribing 
physician, by the pharmacist, or by a person acting 
under the supervision of the pharmacist. 



Statutory Authority 
90-85. 6. 



C.S 90-18.1; 90-18.2; 



.1704 PREPACKAGED OF DRUGS 
DISPENSED 

All drugs dispensed by the registered nurse or 
assistant to the physician shall be prepackaged in 
suitable safety closure containers and shall be 
appropriately prelabeled (including necessary 
auxiliary labels) by the pharmacist with all infor- 
mation required by law except the name of the 
patient and the directions for use. The name of 
the patient and directions for use of the medication 
drug shall be placed on the label by the registered 
nurse or assistant to the physician at the time it is 
delivered to the patient or his agent. 



Statutory Authority C. S. 
90-85. 6. 



90-18.1; 90-18.2; 



SECTION .1800 - PRESCRD7TIONS 

.1801 RIGHT TO REFUSE A 
PRESCRIPTION 

A pharmacist or device and medical equipment 
dispenser has the right and responsibility to refuse 
to fill or refill a prescription order if, in his judg- 
ment, it would be harmful to the recipient, is not 
in the recipient's best interests or if there is a 
question as to its validity. The pharmacist or 
device and medical equipment dispenser shall 
report such incident to the licensing board having 
jurisdiction over the prescribes 

Statutory Authority C.S. 90-85.6; 90-85.32. 

.1804 PRESCRIPTION: RECEFVTNG AND 
DISPENSED 

(a) In order to assure that the 
practitioner-pharmacist-patient relationship exists 
and to promote the safe and secure distribution of 
drugs and devices, prescription orders may be 
received for filling and refilling only by a pharma- 
cist or a bona fide employee of the pharmacy. 
The pharmacist-manager of the pharmacy shall be 
ultimately responsible for the safe, lawful and 
secure receipt of prescription orders and delivery 
of prescription drugs. Notwithstanding the provi- 
sions of this Rule, prescription drugs also may be 
delivered by mail in accordance with the provi- 
sions of 21 NCAC 46 .1601(7). 

(b) In order to promote the safe and secure 
distribution of drugs, devices, and medical equip- 
ment, prescription orders may be received for 
filling and refilling only by the person in charge of 
the facility' holding the device and medical equip- 
ment permit or a bona fide employee of the facili- 
ty'. The person in charge shall be ultimately 



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NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



responsible for the safe, lawful and secure receipt 
of prescription orders and delivery of prescription 
drugs, devices, and medical equipment. 

Statutory Authority G.S. 90-85.6; 90-85.32. 

.1806 TRANSFER OF PRESCRIPTION 
INFORMATION 

(a) The transfer of original prescription informa- 
tion for the purpose of refill dispensing is permis- 
sible between pharmacies subject to the following 
requirements: 

(1) the transfer is communicated directly 
between two pharmacists and not by 
only one pharmacist gaining access to 
an information file containing data for 
several locations, unless all locations 
accessed are under common ownership 
or accessed pursuant to contractual 
agreement of the pharmacies; 

(2) the transferring pharmacist invalidates 
the prescription and any remaining 
refills by marking the word "void" or 
its equivalent on the face of the pre- 
scription; 

(3) the transferring pharmacist records the 
name and address of the pharmacy to 
which it was transferred and the name 
of the pharmacist receiving the pre- 
scription information on the reverse of 
the invalidated prescription; 

(4) the transferring pharmacist records the 
date of the transfer and the name of the 
pharmacist transferring the information. 

(b) The pharmacist receiving the transferred 
prescription information shall reduce to writing the 
following: 

(1) The word "transfer" on the face of the 
transferred prescription. 

(2) All information required to be on a 
prescription, including: 

(A) Date of issuance of original prescrip- 
tion; 

(B) Number of refills authorized on origi- 
nal prescription; 

(C) Date and time of transfer; 

(D) Number of valid refills remaining and 
date of last refill; 

(E) Pharmacy's name, address and origi- 
nal prescription number from which 
the prescription information was 
transferred; 

(F) Name of transferring pharmacist; and 

(G) Manufacturer or brand of drug dis- 
pensed. 



(c) The transferred prescription, as well as the 
original, must be maintained for a period of three 
years from the date of last refill. 

(d) Dispensing is permitted only within the 
original authorization for refills and no dispensing 
on such transfer can occur beyond that authorized 
on the original prescription. Any dispensing 
beyond that originally authorized or one year, 
whichever is less, can occur only on a new pre- 
scription. 

(e) The requirements of Paragraphs (a) and (b) 
of this Rule may be facilitated by use of a comput- 
er or data system without reference to an original 
prescription document. The system must be able 
to identify transferred prescriptions and prevent 
subsequent prescription refills at that pharmacy. 

(f) This Rule applies to the transfer of prescrip- 
tions issued by prescribers in other states, provided 
that the pharmacist receiving the prescription is 
reasonably satisfied that a viable physician-patient 
relationship exists and dispensing the drug is in the 
patient's best interests. 

(g) All records pertinent to this Rule shall be 
readily retrievable. 

(h) A system must be in place that will allow 
only authorized access by a pharmacist to all 
records pertinent to this Rule and will indicate on 
the prescription record when and by whom such 
access was made. 

{]} The transfer of original prescription informa- 
tion for the purpose of refill dispensing is permis- 
sible between device and medical equipment 
permit holders so long as the transferring permit 
holder provides all records and documentation 
necessary for dispensing and does not interfere 
with the service and claims processing procedures 
of the receiving permit holder. 

Statutory Authority G.S. 90-85. 6(a); 90-85.32. 

.1807 FACSIMILE TRANSMISSION OF 
PRESCRIPTION ORDERS 

Prescription orders may be transmitted using a 
facsimile ("FAX") machine, provided that: 

(1) The order contains the date, time, tele- 
phone number and location of the trans- 
mitting machine, the name of the opera- 
tor of the transmitting machine, and the 
signature of the prescriber; 

(2) Refill orders transmitted by FAX shall 
contain all information required for origi- 
nal prescription orders except for the 
prescriber's signature; 

(3) No agreement between a prescriber and 
a pharmacy or device and medical equip- 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2171 



PROPOSED RULES 



ment permit holder shall require that 
prescription orders be transmitted by 
FAX from the prescriber to only that 
pharmacy or device and medical equip- 
ment permit holder ; 

(4) There shall be no additional charge to the 
patient because the prescription order was 
transmitted by FAX; 

(5) The use of FAX machines in hospitals to 
facilitate dispensing to inpatients shall be 
considered interna] communication and 
not governed by this Rule; 

(6) An original prescription transmitted by 
FAX shall contain all information re- 
quired of an original prescription by 
statute and rule, and corresponding infor- 
mation shall be retained by the prescrib- 
er; 

(7) Transfer of prescriptions by FAX is 
permitted provided that all the require- 
ments of Rule .1806 of this Section are 
met; and 

(8) The pharmacist-manager or person in 
charge of the device and medical equip- 
ment permit holder maintains security of 
the process, including retention of read- 
able records for the period of time re- 
quired by law and verification of orders 
if indicated by the circumstances. 

Statutory Authority G.S. 90-85. 6(a); 90-85.32. 

.1809 EMERGENCY PRESCRIPTION 
REFILLS 

In the event a pharmacist or device and medical 
equipment permit holder receives a request for a 
prescription refill and the pharmacist or permit 
holder is unable to obtain readily refill authoriza- 
tion from the prescriber, the pharmacist or permit 
holder may dispense a one-time emergency refill 
of up to a 72-hour supply of the prescribed medi- 
cation, provided that: 

(1) The prescription is not for a Schedule II 
controlled substance; 

(2) The medication is essential to the mainte- 
nance of life or to the continuation of 
therapy in a chronic condition; 

(3) In the pharmacist's or permit holder's 
professional judgment, the interruption of 
therapy might reasonably produce unde- 
sirable health consequences; 

(4) The dispensing pharmacist or permit 
holder creates a written order containing 
all of the prescription information re- 
quired by Section .2300 of these Rules 



and signs that order; 
(5) The dispensing pharmacist or permit 
holder notifies the prescriber or the 
prescriber's office of the emergency 
dispensing within 72 hours after such 
dispensing. 

Statutory Authority G.S. 90-85.6; 90-85.32. 

.1810 COMPOUNDING LOG 

All locations holding a pharmacy permit where 
ingredients are routinely compounded for dispens- 
ing, as defined in G.S. 90-85.3(c), must maintain 
a log showing the name or initials of the person 
who compounded the ingredients and the name or 
initials of the pharmacist who checked the com- 
pounded prescription drug. Such lo g shall be 
maintained for a period of three years. 

Statutory Authority G.S. 90-85.6; 90-85.32. 

SECTION .2000 - ADMINISTRATIVE 
PROVISIONS 

.2006 NOTICE OF HEARING 

(a) The Board shall give the party or parties in 
a contested case a notice of hearing not less than 
15 days before the hearing. Said notice shall 
contain the following information, in addition to 
the items specified in G.S. 150B-38(b): 

(1) the name, position, address and tele- 
phone number of a person at the offices 
of the Board to contact for further 
information or discussion; 

(2) the date, time, and place for a 
pre-hearing conference, if any; and 

(3) any other information deemed relevant 
to informing the parties as to the proce- 
dure of the hearing. 

(b) If the Board determines that the public 
health, safety or welfare requires such action, it 
may issue an order summarily suspending a license 
or permit. Upon service of the order, the licensee 
or permit holder to whom the order is directed 
shall immediately cease the practice of pharmacy 
or cease the dispensing of devices and medical 
equipment in North Carolina. The Board shall 
promptly give notice of hearing pursuant to G.S. 
150B-38 following service of the order. The 
suspension shall remain in effect pending issuance 
by the Board of a final agency decision pursuant to 
G.S. 150B-42. 

Statutory Authority G.S. 90-85.6; 150B-3(c); 
150B-38. 



2172 



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9:24 



PROPOSED RULES 



.2007 WHO SHALL HEAR CONTESTED 
CASES 

(a) All administrative hearings will be conducted 
by the Board, a panel consisting of a majority of 
the members of the Board, or an administrative 
law judge designated to hear the case pursuant to 
G.S. 150B-40(e). 

{b} Matters involving device and medical equip- 
ment permit holders shall be initially heard by a 
device and medical equipment subcommittee. The 
subcommittee shall be elected pursuant to Section 
.2100 of these Rules. Prior to issuing a notice of 
hearing, the subcommittee and the party or parties 
may agree to follow the informal procedures set 
out in Rule .2008 of this Section. 

(c) After hearing the matter, the device and 
medical equipment subcommittee shall propose a 
recommended decision to the Board. Sanctions 
shall be consistent with G.S. 90-85.38. If the 
Board accepts the recommended decision, it shall 
constitute a final agency decision for the right to 
judicial review. If the Board rejects the recom- 
mended decision, the Board may propose an 
alternative decision or schedule the matter for a 
formal hearing before the Board. 



Statutory Authority G. S. 
150B-4O. 



90-85. 6; 150B-38; 



.2008 INFORMAL PROCEDURES 

(a) Prior to issuing a notice of hearing, the 
Board or the device and medical equipment sub- 
committee and the party or parties may agree to 
conduct a conference in which a member of the 
Board or the device and medical equipment sub- 
committee and the party or parties meet to consid- 
er the possibility of disposing of the dispute with- 
out a hearing, or any other matter as may aid in 
the prompt disposition of the dispute. If such a 
conference is held, the Board or the device and 
medical equipment subcommittee , with the consent 
of the party or parties, may issue a consent order 
which recites the action taken at the conference. 
This consent order may dispose of the dispute or 
set forth such matters as were agreed to between 
the parties that may expedite the hearing. All 
matters contained in the consent order must be 
agreed to by the party or parties and approved by 
the Board at its next regular meeting. The Board 
member who participated in the conference shall 
disqualify himself or herself in accordance with 
Rule .2011 of this Section from participation in 
any hearing or decision in the matter discussed in 
the conference if the matter results in a contested 
case hearing before the Board. 



(b) After issuance of a notice of hearing, the 
Board or device and medical equipment subcom- 
mittee and the party or parties may agree in 
advance to simplify the hearing by: decreasing the 
number of issues to be contested at the hearing; 
accepting the validity of certain proposed evidence; 
accepting the findings in some other case with 
relevance to the case at hand; or agreeing to such 
other matters as may expedite the hearing. 

Statutory Authority G.S. 90-85.6; 150B-11; 150B- 
22; 150B-41. 

SECTION .2100 - ELECTIONS 

.2102 ELIGIBILITY TO VOTE 

(a) Eligible voters for Board members shall be 
the pharmacists licensed in North Carolina and 
residing in North Carolina on March 15 immedi- 
ately prior to the election. 

(b) Eligible voters for the device and medical 
equipment subcommittee shall be all device and 
medical equipment permit holders in North Caroli- 
na and residing in North Carolina on March 15 
immediately prior to the election. 

Statutory Authority G.S. 90-85. 7; 90-85.22. 

.2109 DEVICE AND MEDICAL 

EQUIPMENT SUBCOMMITTEE 
REPRESENTATIVES 

(a) The device and medical equipment subcom- 
mittee shall consist of the following: 

(1) a representative of the medical equip- 
ment suppliers; 

£2} a representative of the medical oxygen 
suppliers; 

(3) a representative of the rehabilitation 
technology suppliers; 

(4) a Board member appointed by the 
President of the Board; and 

(5) the Board member representing the 
public. 

(b) All device and medical equipment permit 
holders are eligible to vote for one representative 
in each category specified in Subparagraphs (a)(1) 
; (3) of this Rule. The representative must prac- 
tice in the particular area for which he or she is 
nominated, but need not practice exclusively jn 
that area. 

Statutory Authority G.S. 90-85.22. 



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2173 



PROPOSED RULES 



(2) 

(3) 

(4) 



SECTION .2500 - MISCELLANEOUS 
PROVISIONS 

.2504 PATIENT COUNSELING 

(a) "Patient Counseling" shall mean the effective 
communication of information, as defined in this 
Rule, to the patient or representative in order to 
improve therapeutic outcomes by maximizing 
proper use of prescription medications^ and devic- 
eSi and medical equipment . This Rule shall apply 
to pharmacists and to registrants under G.S. 
90-85.21. All provisions of this Rule shall apply 
to device and medical equipment permit holders, 
except Subparagraph (a)(8) of this Rule and except 
where otherwise noted. Specific areas of patient 
counseling include, but are not limited to, those 
matters listed in this Rule that in the exercise of 
the pharmacist's or registrant's professional judg- 
ment are considered significant: 

(1) name, description, and purpose of the 
medication; 

route, dosage, administration, and 
continuity of therapy; 
special directions for use by the patient; 
common severe side or adverse effects 
or interactions and therapeutic contrain- 
dications that may be encountered, 
including their avoidance, and the 
action required if they occur; 
techniques for self-monitoring drug 
therapy; 
proper storage; 

prescription refill information; and 
action to be taken in the event of a 
missed dose. 

(b) An offer to counsel shall be made on new or 
transfer prescriptions at the time the prescription is 
dispensed or delivered to the patient or representa- 
tive. Ancillary personnel may make the offer to 
counsel, but the pharmacist or registrant must 
personally conduct counseling if the offer is 
accepted. Counseling by device and medical 
equipment permit holders must be conducted by 
personnel proficient in explaining and demonstrat- 
ing the safe and proper use of devices and equip- 
ment. The person in charge shall be responsible 
for ensuring that all personnel conducting counsel- 
ing are proficient in explaining and demonstrating 
the safe and proper use of devices and equipment 
and for documenting the demonstration of such 
proficiency. The offer shall be made orally and in 
person, whenever practicable, or through access to 
a telephone service that is toll-free for 
long-distance calls. A pharmacist or registrant 
whose primary patient population is accessible 



(5) 

(6) 

(7) 
(8) 



through a local measured or toll-free exchange 
need not be required to offer toll-free service. 
Professional judgment shall be exercised in deter- 
mining whether or not to offer counseling for 
prescription refills. An offer to counsel shall be 
communicated in a positive manner to encourage 
acceptance. 

(c) In order to counsel patients effectively, a 
reasonable effort shall be made to obtain, record, 
and maintain, if significant, patient information, 
including, but not limited to: 

(1) name, address, telephone number; 

(2) date of birth (age), gender; 

(3) medical history: 

(A) disease state(s), 

(B) allergies/drug reactions, 

(C) current list of non-prescription and 
prescription medications,, and devices,, 
and medical equipment . 

(4) pharmacist, ef registrant, or permit 
holder comments relevant to the 
individual's drug therapy. A "reason- 
able effort" shall mean a good faith 
effort to obtain from the patient or 
representative the foregoing patient 
information. Ancillary personnel may 
collect, record, and obtain patient pro- 
file information, but the pharmacist ef 
registrant or person in charge of the 
facility holding the device and medical 
equipment permit must review and 
interpret patient profile information and 
clarify confusing or conflicting informa- 
tion. Professional judgment shall be 
exercised as to whether and when indi- 
vidual patient history information 
should be sought from other health care 
providers. 

(d) Once patient information is obtained, this 
information shall be reviewed and updated by the 
pharmacist, ef registrant, or person in charge of 
the facility holding the device and medical equip- 
ment permit before each prescription is filled or 
delivered, typically at the point-of-sale or point of 
distribution to screen for potential drug therapy 
problems due to: 

(1) therapeutic duplication; 

(2) drug-disease contraindication; 

(3) drug-drug interactions, including seri- 
ous interactions with prescription or 
over-the-counter drugs; 

(4) incorrect drug dosage or duration of 
drug treatment; 

(5) drug-allergy interactions; and 

(6) clinical abuse/misuse. 



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PROPOSED RULES 



(e) Unless refused by the patient or representa- 
tive, patient counseling shall be provided as fol- 
lows: 

(1) counseling shall be "face to face" by 
the pharmacist ef registrant^ or person- 
nel of a device and medical equipment 
permit holder when possible or appro- 
priate. If this is not possible, a reason- 
able effort shall be made to counsel the 
patient or representative; 

(2) alternative forms of patient information 
may be used to supplement patient 
counseling; 

(3) patient counseling, as described in this 
Rule, shall also be required for outpa- 
tient and discharge patients of hospitals, 
health maintenance organizations, 
health departments, and other institu- 
tions; however, compliance with this 
Rule in locations in which 
non-pharmacists are authorized by law 
or regulation to dispense may be ac- 
complished by such authorized 
non-pharmacists; and 

(4) patient counseling, as described in this 
Rule, shall not be required for inpa- 
tients of hospitals or other institutions 
where a nurse or other licensed health 
care professional administers the medi- 
cation^). 

(f) Pharmacies that distribute prescription medi- 
cation by mail, and where the 
practitioner-pharmacist-patient relationship does 
not exist, shall provide counseling services for 
recipients of such medication in accordance with 
this Rule. 

(g) Records resulting from compliance with this 
Rule, including documentation of refusals to 
receive counseling, shall be maintained for three 
years in accordance with Section .2300 of this 
Chapter. 

(h) Personnel of device and medical equipment 
permit holders shall give written notice of warran- 



ty^ if any, regarding service after the sale. The 
permit holder shall maintain documentation demon- 



strating that the written notice of warranty was 



;iven to the patient. 

Authority G.S. 90-85.6; 90-85.21; 90-85.22; 
90-85.32; 42 U.S.C. 1396r-8(g). 



2505 VETERINARY PRESCRIPTION 
DRUGS 

A drug that under federal law is required, prior 
o being dispensed, to be labeled with the state- 



ment: "Caution: Federal law restricts this drug to 
use by or on the order of a licensed veterinarian" 
may be dispensed only by a licensed veterinarian 
or by a pharmacist from a pharmacy pursuant to 
prescription or order of a licensed veterinarian. 

Statutory Authority G.S. 90-85.3; 90-85.6. 

.2506 ADMINISTRATION OF DRUGS 

A pharmacist is authorized to administer drugs, 
pursuant to G.S. 90-85 . 3 (r). upon successful 
completion of a drug administration course ap- 
proved by the Board and upon a showing before 
the Board of competency to administer drugs. 
Documentation of successful course completion 
must be kept on file at the pharmacist's practice 
site. Any administration of drugs in a hospital or 
other similar institution shall be under a protocol 
established by the medical staff and nursing admin- 
istration. 

Statutory Authority G.S. 90-85.3; 90-85.6. 

SECTION .2600 - DEVICES 

.2601 DISPENSING 

Devices, as defined in G.S. 90-85. 3(e), and 
medical equipment, as defined in G.S. 90-85.3(11), 
shall be dispensed only in a pharmacy as defined 
in G.S. 90-85. 3(q) or other place registered with 
the Board pursuant to G.S. 90-85.22. Devices and 
medical equipment dispensed in hospitals are 
presumed to be the responsibility of the hospital 
pharmacy unless otherwise registered. 



Statutory Authority G. S. 
90-85.6; 90-85.22. 



90-85. 3(e), (11), (r); 



.2602 ORDERS 

Devices as defined in G.S. 90-85. 3(e), and 
medical equipment as defined in G.S. 90-85.3(11), 
shall be dispensed to outpatients only pursuant to 
an order from a practitioner. Such orders shall 
comply in all pertinent respects with G.S. 
106-134. 1(a) and G.S. 106-134.4(a) and (b). Use 
of devices and medical equipment for outpatients 
shall be in compliance with G.S. 90-85. 3 (t). 

Statutory Authority G.S. 90-85. 3(e), (11), (r); 
90-85.6; 90-85.22. 

.2603 EDUCATION AND TRAINING 

Persons, other than pharmacists, who are autho- 
rized to dispense devices and medical equipment 
and who dispense devices and medical equipment 



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2175 



PROPOSED RULES 



shall demonstrate to the Board's satisfaction that 
they have received sufficient education and training 
in dispensing devices so that they can safely and 
properly dispense devices and medical equipment . 

Statutory Authority G.S. 90-85. 3(e), (11 ),(r); 
90-85.6; 90-85.22. 

.2604 RECORDS 

(a) All orders and records for devices and 
medical equipment shall conform in all pertinent 
respects with Board Rules .2301 through .2305 of 
this Chapter. In addition to the requirements of 
those rules, the serial numbers for all devices and 
medical equipment dispensed to outpatients shall 
be preserved as part of the records; provided, that 
this requirement shall not apply to disposable 
devices and medical equipment . 

(b) All prescriptions and refill orders for devices 
and medical equipment shall be maintained for at 
least three years. 

(c) All device and medical equipment permit 
holders shall maintain a file copy of every item 
sold or rented with a serial number or tracking 
number or code in compliance with FDA Medical 
Device Tracking requirements. 



Statutory Authority 
90-85.6; 90-85.22. 



.2605 



G.S. 90-85. 3(e), (11 ),(r); 



REGISTRATION OF NON- 
PHARMACISTS 

Registration of persons other than pharmacists 
dispensing devices and/or medical equipment , 
pursuant to G.S. 90-85.22, shall be issued by the 
Board to the person in charge of the location 
dispensing the devices and/or medical equipment . 
This person shall have responsibilities comparable 
to those of a pharmacist-manager pursuant to 
Board Rule .2502 of this Chapter, as applicable. 
Persons in charge shall keep on file for three years 
on the premises of each place where devices 
and/or medical equipment are dispensed all infor- 
mation related to warranties provided by manufac- 
turers and the availability of repairs; provided, that 
this requirement shall not apply to disposable 
devices and medical equipment . 

Statutory Authority G.S. 90-85. 3(e), (11), (r); 
90-85.6; 90-85.22. 

.2606 CONVEYING WARNINGS 

Persons in charge or pharmacists dispensing 
devices and/or medical equipment , as defined in 
G.S. 90 85.23 90-85.22 , shall be responsible for 



promptly conveying to patients all pertinent warn- 
ings issued by government agencies or manufactur- 
ers. 



Statutory Authority 
90-85.6; 90-85.22. 



G.S. 90-85. 3(e), (11), (r); 



.2608 DISPENSING OF MEDICAL OXYGEN 

Compressed medical oxygen and liquid oxygen 
equipment shall be dispensed and controlled 
according to state and federal laws. 

Statutory Authority G.S. 90-85. 3(e), (11), (r); 90- 
85.6; 90-85.22. 

.2609 REHABILITATION EQUIPMENT 

(a) Rehabilitation equipment su ppliers shall 
demonstrate to the Board's satisfaction a working 
knowledge of the services provided and how they 
relate to each patient's goals as prescribed by the 
physician. 

(b) Rehabilitation equipment suppliers shall: 
(1) Actively solicit information from the 

physician, physical therapist, occupa- 
tional therapist and other medical or 
educational personnel, as to the results 
of their assessment and evaluation of 
the patient's physical, functional and 
associated needs as well as the specific 
goals to be met by the enabling technol- 
ogyi 

In close consultation with the referring 
health professional(s), patient, patient's 
family and other primary care provid- 
ers, delineate the appropriate choices of 
commercially available and custom 
fabricated equipment to meet the speci- 
fied needs of the patient; 
Participate in the measurement of the 
patient, utilizing a ppropriate instru- 
ments and techniques to assure the fit 
and function of the selected equipment; 
Deliver, fit and adjust the prescribed 
equipment; 

Instruct the patient and family in the 
safe and proper use and care of the 
equipment provided; 
Provide service and support for the 
equipment dispensed through knowl- 
edgeable, skilled and highly trained 
service personnel and within 72 hours, 
provide a response to patient requests 
for repair service on equipment sup- 
plied; 
(7) Provide a specific, written statement of 



m 



£4} 
£5) 

(6) 



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9:24 



PROPOSED RULES 



warranty on the equipment provided, 
including commercial warranties and 
those for adapted or custom fabricated 
items; 

(8) Maintain liability insurance of u p to one 
million dollars ($1,000,000) worth of 
coverage and when involved in the 
design, fabrication or substantial modi- 
fication of commercially available 
equipment, also maintain product liabil- 
ity insurance; and 

(9) Utilize extensive, written, quality assur- 
ance procedures including, but not 
limited to: 

(A) Reviewing custom designed and fabri- 
cated equipment and interfacing tech- 
niques with commercial equipment to 
assure compatibility and safety; 

(B) Understanding the properties of the 
materials being used in custom de- 
signed and modified equipment to 
assure long term durability; 

(C) Documenting goals and objectives of 
the referring medical or education 
personnel, as well as short and long 
term effectiveness of the equipment in 
meeting those goals and objectives; 
and 

(D) Documenting complaints and prob- 
lems as required in Rule .1608(a)(12) 
of this Chapter. 

Statutory Authority G.S. 90-85. 3(e), (11), (r); 90- 
85.6; 90-85.22. 

.2610 MEDICAL GAS, OXYGEN AND 
RESPIRATORY RELATED 
EQUIPMENT 

(a) Medical gas, oxygen and respiratory related 
equipment suppliers shall: 

(1) Comply with all applicable home medi- 
cal equipment laws of North Carolina; 

(2) If transporting oxygen and other medi- 
cal gases in cylinder or liquid form, 
comply with all current Department of 
Transportation rules and regulations; 

(3) If transfilling medical oxygen systems, 
comply with Food and Drug Adminis- 
tration (FDA) and all state agency 
requirements regarding transfilling and 
repackaging; 

(4) Demonstrate that oxygen provided in 
cylinder or liquid form meets minimal 
purity standards for medical grade 
oxygen; 



(5) Comply with local/state fire and build- 
ing laws; and 

(6) Meet the following safety inspection 
requirements: 

(A) Demonstrate that each piece of oxy- 
gen/respiratory equipment has been 
checked, is free of defect, and oper- 
ates within the manufacturers' specifi- 
cations; 

(B) Refrain from modifying equipment to 
the extent that the modification might 
reasonably cause harm; 

(C) Maintain all electrical components so 
that they do not present a fire or 
shock hazard; and 

(D) Ensure that all appropriate warning 
labels or labelling, including tags, are 
present on the equipment provided. 

(b) Medical gas, oxygen and respiratory related 
equipment suppliers shall comply with the follow- 
ing recall procedures: 

(1) Ensure that lot numbers and expiration 
dates are affixed to each cylinder deliv- 
ered; 

(2) Maintain a tracking system for all 
medical oxygen and gas delivered; 

(3) Document all equipment serial numbers 
and model numbers to ensure that 
equipment can be retrieved if a recall is 
initiated; and 

(4) Maintain records for equipment that 
requires FDA tracking. 

(c) Medical gas, oxygen and respiratory related 
equipment su ppliers shall comply with the follow- 
ing maintenance and cleaning requirements: 

(1) Maintain documentation demonstrating 
that a function and safety check of 
equipment was performed prior to set 

(2) Maintain an established protocol for 
cleaning and disinfecting equipment 
which addresses both aerobic and an- 
aerobic pathogens; 

(3) Maintain a Material Safety Data Sheet 
(MSDS) on file for solutions and prod- 
ucts used in cleaning and disinfecting 
procedures; 

(4) Maintain segregated areas on the pre- 
mises and in delivery vehicles for 
clean, dirty, and contaminated equip- 
ment; 

(5) Clean and disinfect equipment accord- 
ing to manufacturers' 1 specifications; 
and 

(6) Instruct the patient on proper cleaning 



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2177 



PROPOSED RULES 



techniques as specified by the manufac- 
turer. 

(d) Medical gas, oxygen and respiratory related 
equipment suppliers shall implement a comprehen- 
sive preventative maintenance program which 
includes the following: 

(1) Procedures for problem reporting, 
tracking, recall, and resolution; 

(2) Performance of service as specified by 
the manufacturer and the documentation 
of such performance in the service 
records; and 

(3) Routine inspection, service, and mainte- 
nance of equipment located ]n the 
patient's/customer's home according to 
manufacturers' specifications. 

(e) Medical gas, oxygen and respiratory related 
equipment suppliers shall maintain repair logs to 
document repair and maintenance of equipment, 
including, but not limited to, oxygen concentra- 
tors, infant monitors, and mechanical ventilators. 
The following information should be documented 
in the repair log: 

(1) type of equipment; 
manufacturer; 
model; 



12) 
(3) 
14} 
15} 
£6} 
01 



serial number; 

date of repair; 

specific repair made; and 

name of person or company performing 

the repair. 

(f) Medical gas, oxygen and respiratory related 
equipment su ppliers shall maintain testing equip- 
ment to ensure accurate calibration. Testing 
equipment should be appropriate for the level of 
service offered. Scales used to weigh liquid 
oxygen reservoirs should be properly maintained 
to ensure accuracy. 

(g) Medical gas, oxygen, and respiratory related 
equipment suppliers shall implement a written 
procedure at each location for handlin g complaints 
and problems, which includes a complaint file 
documenting complaints and problems and resolu- 
tions of the complaints or problems. 

(h) Medical gas, oxygen, and respiratory related 
equipment suppliers shall comply with the follow- 
ing counseling requirements: 

(1 ) Utilize orientation checklists to review: 

(A) Instructions for use of the equipment, 

(B) Safety precautions, 

(C) Cleaning procedures, 

(D) Maintenance procedures, and 

(E) Return demonstrations on back 



up 

oxygen systems delivered; 
(2) Instruct the patient about emergency 



and routine contact procedures; and 
(3) Deliver and review written instruction 
materials to ensure that the patient 
receives adequate information in order 
to properly operate the equipment, 
(i) A written plan of service shall be developed, 
implemented, and documented in the patient 
record. The plan of service shall include, but is 
not limited to, an assessment of the safety of the 
home environment, the caregiver and/or patient 
ability to comply with the prescription, and the 
caregiver and/or patient ability to operate and 
clean the equipment as instructed. 

Statutory Authority G.S. 90-85. 3(e), (11 ),(r); 90- 
85.6; 90-85.22. 

SECTION .2700 - NUCLEAR PHARMACY 

.2702 DEFINITIONS 

(a) Qualified Nuclear Pharmacist. A pharmacist 
currently licensed by the Board who meets the 
following standards: 

(1) Meets minimum standards of training 
for "authorized user status" of radioac- 
tive material in accordance with the 
licensure guide of the United States 
Nuclear Regulatory Commission; 

(2) Has received a minimum of 200 contact 
hours of instruction in nuclear pharma- 
cy and the safe handling and use of 
radioactive materials from an approved 
college of pharmacy, including instruc 
tion in the following areas: with the 
minimum 200 hours apportioned as 
follows : 

(A) radiation physics and instrumentation 
(85 hours) ; 

(B) radiation protection (45) hours ; 

(C) mathematics pertaining to the use and 
measurement of radioactivity (20 
hours); 



(D) radiation biology {20 hours) ; and 

(E) radiopharmaceutical chemistry (30 
hours) ; and 

(3) Has a minimum of 500 hours of clinical 
nuclear pharmacy training under the 
supervision of a qualified nuclear phar- 
macist in the following areas: 

(A) procuring radioactive materials; 

(B) compounding radiopharmaceuticals;- 

(C) performing routine quality control 
procedures; 

(D) dispensing radiopharmaceuticals; 

(E) distributing radiopharmaceuticals; 



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PROPOSED RULES 



(F) implementing basic radiation protec- 
tion procedures; 

(G) consulting and educating the nuclear 
medicine community, patients, phar- 
macists, other health professionals, 
and the general public; and 

(4) Has submitted an affidavit of experi- 
ence and training to the Board. 

(b) Qualified Licensed Professional. A 
non-pharmacist, such as a physician, nurse or 
technologist, who possesses a current state license, 
if required, and who has sufficient training and 
experience to safely handle and dispense 
radiopharmaceuticals as defined by the respective 
requirements of the regulations of the NRC. 

(c) Nuclear Pharmacy. A pharmacyi licensed 
by the Board, providing radiopharmaceutical 
services, including such areas in a hospital, nurs- 
ing home, sanitarium or clinic pharmacy. 

(d) Radiopharmaceutical Service. The procure- 
ment, storage, handling, preparation, transfer, 
labeling, quality assurance testing, dispensing, 
delivery, record-keeping and disposal of 
radiopharmaceuticals and other radioactive ancil- 
lary drugs. Also includes radiological health 
activities, any consulting activities associated with 
the use of radiopharmaceuticals, health physics, 
and any other activities required for provision of 
pharmaceutical care. 

(e) Radiopharmaceutical Quality Assurance. 
The performance of appropriate chemical, biologi- 
cal and physical tests on potential 
radiopharmaceuticals and the interpretation of the 
resulting data to determine their suitability for use 
in humans and animals, including internal test 
assessment, authentication of product history and 
the keeping of proper records. 

(f) Internal Test Assessment. Conducting those 
tests of quality assurance necessary to insure the 
integrity of the test. 

(g) Authentication of Product History. Identify- 
ing the purchasing source, the ultimate fate, and 
any intermediate handling of any component of a 
radiopharmaceutical or other radioactive drug. 

(h) Radiopharmaceuticals. Radioactive drugs as 
defined by the — United States Food and — Drug 
Administration. Any drug which exhibits sponta- 
neous disintegration of unstable nuclei with the 
emission of nuclear particles or photons and 
includes any nonradioactive reagent kit or nuclide 
generator which is intended to be used m the 



preparation of any such substance but does not 
include drugs such as carbon-containing com- 
pounds or potassium-containing salts which contain 
trace quantities of naturally occurring 



radionuclides. Also includes any biological prod- 
uct which is labeled with a radionuclide or intend- 
ed solely to be labeled with a radionuclide. 

(i) Nuclear Pharmacy Practice. A 

patient-oriented service that embodies the scientific 
knowledge and professional judgment required to 
improve and promote health through the assurance 
of the safe and efficacious use of 
radiopharmaceuticals. 

(j) Quality Control Testing. The performance of 
appropriate chemical, biological and physical tests 
on compounded radiopharmaceuticals and the 
interpretation of the resulting data to determine 
their suitability for use in humans and animals. 

Statutory Authority G. S. 90-85. 6. 

,2704 REQ FOR PHARMACIES PROVIDING 
RADIOPHARMACEUTICAL 
SERVICES 

(a) The permit to operate a pharmacy providing 
radiopharmaceutical services shall be issued by the 
Board only to a qualified nuclear pharmacist. All 
personnel performing tasks in the preparation and 
distribution of radiopharmaceuticals shall be under 
the direct supervision of a qualified nuclear phar- 
macist. A qualified nuclear pharmacist shall be 
responsible for all operations of the pharmacy 
related to radiopharmaceutical services and shall 
be in personal attendance at all times that the 
pharmacy renders radiopharmaceutical services. 

(b) In emergency situations, and in the absence 
of a qualified nuclear pharmacist, designated 
qualified licensed professionals may have access to 
the area designated as the nuclear pharmacy area, 
and these individuals may prepare single doses of 
radiopharmaceuticals for the immediate emergency 
only and must document such activities. 

(c) The nuclear pharmacy area shall be secured 
from entry by unauthorized personnel and must be 
totally enclosed and lockable . 

(d) Nuclear pharmacies shall maintain records of 
acquisition, inventory and disposition of all 
radiopharmaceuticals in accordance with Section 
.2300 of this Chapter and the applicable regula- 
tions of the North Carolina Division of Radiation 
Protection. A nuclear pharmacy, upon receiving 
an oral prescription order for a radiopharmaceuti- 
cal, shall immediately have the prescription order 
reduced to writing, or recorded in a data process- 
ing system, which writing or record shall contain 
at least the following: 

(1) the name of the facility and prescriber, 
or prescriber's agent; 

(2) the date of dispensing and the calibra- 






9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2179 



PROPOSED RULES 



14} 
15} 

(6) 



tion time of the radiopharmaceutical ; 
the name of the procedure; 
the name of the radiopharmaceutical ; 
the dose or quantity of the radiophar- 
maceutical; 



the serial number assigned to the order 
for the radiopharmaceutical; 

(7) any specific instructions; and 

(8) the name or initials of the person who 
received the order. 

Whenever an order is for a therapeutic or blood- 
product radiopharmaceutical , the patient's name 
must be obtained and recorded prior to dispensing. 
When a radiopharmaceutical is dispensed under the 
authority of an Investigational New Drug Applica- 
tion (IND), the nuclear pharmacy records shall 
include an investigator's protocol for the prepara- 
tion of the radiopharmaceutical , a copy of the 
Institutional Review Board approval form (or 
letter) , and a letter from the manufacturer (spon- 
sor) indicating that the physician requestin g the 
radiopharmaceutical is a qualified investigator. 

(e) All pharmacies handling 
radiopharmaceuticals shall provide^ at a minimum, 
the following areas: a radiopharmaceutical prepara- 
tion/dispensing area; a radioactive material ship- 
ping/receiving area; a radioactive material storage 
area; and product a radioactive waste decay area 
which provides sufficient protection from radioac- 
tivity of all areas surrounding the nuclear pharma- 
cy area. Detailed floor plan s s hall be s ubmitted to 
the Board before approval of the nuclear pharmacy 
permit. 

(f) Radiopharmaceuticals are to be dispensed 
only upon a prescription or medication order from 
a licensed medical practitioner authorized to 
possess, use and administer radiopharmaceuticals 
or from a qualified licensed professional acting on 
the practitioner's behalf. Otherwise, a radiophar- 
maceutical may be transferred to a person who is 
authorized to possess and use such drug for non- 
clinical applications . 

(g) In addition to other labeling requirements of 
the Board for non-radioactive drugs described in 
this Chapter, the container of a radiopharmaceuti- 
cal shall also be labeled with: 

(1) The standard radiation symbol; 

(2) The words "CAUTION - RADIOAC- 
TIVE MATERIALS"; 

(3) The radionuclide of the radiopharma- 
ceutical contained therein; 

(4) The chemical form of the radiopharma- 
ceutical contained therein; 

(5) The amount of radioactivity of the 
radiopharmaceutical contained therein 



and the date and time of the calibration 
of that radioactivity; 

(6) The date and time of the expiration of 
the radiopharmaceutical contained 
therein; 

(7) If the radiopharmaceutical is a liquid, 
the volume; 

(8) If the radiopharmaceutical is a solid, 
the number of capsules or weight con- 
tained therein; 

(9) If the radiopharmaceutical is a gas, the 
number of ampules, vials, or syringes 
contained therein; 

(10) The name, address and telephone num- 
ber of the nuclear pharmacy dispensing 
the radiopharmaceutical; 

(11) The prescription or lot number; and 

( 1 2) The name of the pharmaceutical^ 

(13) Molybdenum 99 content to USP limits; 

(14) The name of the patient or the words 



(15) 
(16) 



"Physicians's Use Only" in the absence 
of a patient name; 

The name of the dispensing pharmacist: 
The name of the procedure; and 
(17) The serial number of the radiopharma- 
ceutical. 

(h) When the prescription is for a therapeutic or 
blood-product radiopharmaceutical , the patient 
name shall appear on the label. This requirement 
shall be met when the name of the patient is 
readily retrievable from the physician upon de- 
mand. 

(i) The application for a permit to operate a 
nuclear pharmacy must be accompanied by certifi- 
cation that the applicant is the holder of a current 
approved license from the North Carolina Division 
of Radiation Protection and the number of that 
license. Copies of the Division's inspection report 
shall be made available upon request for inspection 
by Board personnel. 

(j) The library of a nuclear pharmacy shall 
contain, in addition to the volumes required by 
Rule . 1601 (a) (4) (K) of this Chapter, copies of 
current state and federal regulations governing the 
safe storage, handling, use, dispensing, transport 
and disposal of radiopharmaceuticals. 

(k) All pharmacies performing Radiopharmaceu- 
tical Services shall have in effect a procedures 
manual setting forth the procedures and policies of 
the pharmacy regarding Radiopharmaceutical 
Quality Assurance. This manual shall at all times 
be readily available for review by Board person- 
nel. 

£1) Nuclear pharmacies shall compound and 
dispense radiopharmaceuticals in accordance with 



2180 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



PROPOSED RULES 



accepted standards of radiopharmaceutical quality 
assurance. The Board recognizes that the prepara- 
tion of radiopharmaceuticals involves the com- 
pounding skills of the nuclear pharmacist to assure 
that the final drug 
product meets accepted professional standards. 

Statutory Authority G.S. 90-85.6. 

.2705 MINIMUM EQUIPMENT 

The professional area of the pharmacy shall have 
at least the following equipment: 

(1) Radionuclide Dose Calibrator; 

(2) Refrigerator; 

(3) Single or multiple channel scintillation 
counter with well-type NalCTl) or Ge(Li) 
detector; 

(4) Radiochemical fume hood and filter 
system with suitable air sampling equip- 
ment; 

(5) Area survey meter; 

(6) At least two GM survey meters (includ- 
ing one high-range meter); 

(7) Microscope and hemacytometer; 

(8) Laminar air flow hood and appropriate 
supplies to ensure sterile practices for 
parenteral solutions; 

{9} Syringe and vial radiation shields; 

(10) Lead-shielded drawing station; 

(11) Decontamination supplies; 

(12) A ppropriate supplies to perform quality 
assurance testing; 

(13) Lead transport shields for syringes and 
vials; and 

(14) D.O.T. approved USA Type A^ 7A 
approved transport containers and other 
labels and supplies for shipping radioac- 
tive materials. 

Statutory Authority G. S. 90-85. 6. 

SECTION .2800 - STERILE PARENTERAL 
PHARMACEUTICALS 

.2803 REQ/PHARMACIES DISPENSING 
STERILE PARENTERAL 
PHARMACEUTICALS 

All locations holding a pharmacy permit where 
terile pharmaceuticals are dispensed routinely 
iompounded for dispensing must meet the follow- 



ng requirements: 

(1) The location shall have a designated area 
with entry restricted to designated per- 
sonnel for preparing compounded sterile 
parenteral products. This area shall be 



structurally isolated from other areas, 
with restricted entry or access, and must 
be designed to avoid unnecessary traffic 
and airflow disturbances from activity 
within the controlled facility. It shall be 
used only for the preparation of these 
specialty products. It shall be of suffi- 
cient size to accommodate a laminar 
airflow hood and to provide for the prop- 
er storage of drugs and supplies under 
appropriate conditions of temperature, 
light, moisture, sanitation, ventilation, 
and security. 

(2) The permit-holder preparing sterile par- 
enteral products shall have the following 
equipment in addition to that required by 
Board Rule .1601 of this Chapter: 

(a) Appropriate environmental control 
devices capable of maintaining at least 
Class 100 conditions in the work place 
where critical objects are exposed and 
critical activities are performed; 

(b) Sink with hot and cold running water 
that is convenient to the compounding 
area for the purpose of hand scrubs 
prior to compounding; 

(c) Appropriate disposal containers for 
used needles, syringes, etc., and if 
applicable cytotoxic waste from the 
preparation of chemotherapy agents and 
infectious wastes from patients' homes; 

(d) When cytotoxic drug products are 
prepared, appropriate environmental 
control also includes appropriate bio- 
hazard cabinetry; 

(e) Refrigerator-freezer with a thermome- 
ter; 

(f) Temperature controlled delivery con- 
tainers; and 

(g) Infusion devices, if appropriate. 

(3) The permit-holder dispensing sterile 
pharmaceuticals shall maintain adequate 
inventories of the following supplies: 
Disposable needles, syringes, and other 
supplies need for aseptic admixture; 
disinfectant cleaning solution; 
handwashing agents with bactericidal 
action; disposable, lint-free towels or 
wipes; appropriate filters and filtration 
equipment; oncology drug spill kit; and 
disposable masks, caps, gowns, and 
gloves. 

(4) In addition to the requirements of Rule 
.1601(a)(4)(K) of this Chapter, a 
permit-holder dispensing sterile 



h24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2181 



PROPOSED RULES 



pharmaceuticals shall have in its refer- 
ence library the following reference 
materials: Handbook on Injectable Drugs 
(AS HP); King's Guide to Parenteral 
Admixtures; American Hospital Formu- 
lary Service; and Procedure for Handling 
Cytotoxic Drugs (ASHP). 

Statutory Authority G. S. 90-85. 6. 



2182 NORTH CAROLINA REGISTER March 15, 1995 9:24 



LIST OF RULES CODIFIED 



A he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated. 



Key: 



Citation = Title, Chapter, Subchapter and Rule(s) 

AD - Adopt 

AM = Amend 

RP = Repeal 

With Chgs = Final text differs from proposed text 

Corr = Typographical errors or changes that requires no rulemaking 

Eff. Date — Date rule becomes effective 

Temp. Expires = Rule was filed as a temporary rule and expires on this date or 180 days 



NORTH CAROLINA ADMINISTRATIVE CODE 
FEBRUARY 95 



[TLE 


DEPARTMENT 


TITLE 


DEPARTMENT 


4 


Commerce 


16 


Education 


10 


Human Resources 


17 


Revenue 


11 


Insurance 


19A 


Transportation 


12 


Justice 


21 


Occupational Licensing Boards 


13 


Labor 




4 - Auctioneers 


15A 


Environment, Health, and 




19 - Electrolysis 




Natural Resources 


25 


Personnel 






27 


State Bar 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


4 NCAC 19L .0103 




/ 








03/01/95 




.0105 




/ 




/ 




03/01/95 




.0403 




/ 




/ 




03/01/95 




.0407 




/ 




/ 




03/01/95 




.0501 - .0502 




/ 








03/01/95 




.0505 




/ 








03/01/95 




.0802 




/ 








03/01/95 




.0902 




/ 




/ 




03/01/95 




.0903 




/ 








03/01/95 




.0904 






/ 






03/01/95 




.0907 




/ 




/ 




03/01/95 




.1012 




/ 








03/01/95 




.1701 


/ 






/ 




03/01/95 







9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2183 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


4 


NCAC 


19L 


.1702 


/ 










03/01/95 




.1703 


/ 






/ 




03/01/95 




10 


NCAC 


15A 


.0701 


/ 










03/01/95 




.0702 - .0703 


/ 






/ 




03/01/95 




.0704 - .0705 


/ 










03/01/95 








18F 


.0313 




/ 








03/01/95 




.0319 




/ 








03/01/95 








18L 


.1601 - .1606 


/ 










03/01/95 








26H 


.0211 


/ 






/ 




03/01/95 








49C 


.0101 




/ 




/ 




03/01/95 




.0102 




/ 








03/01/95 




.0104 - .0106 




/ 








03/01/95 




.0201 




/ 








03/01/95 




.0301 - .0302 




/ 








03/01/95 




.0303 


/ 










03/01/95 




.0401 






/ 






03/01/95 




11 


NCAC 


12 


.1502 




/ 




/ 




03/01/95 




12 


NCAC 


10B 


.0103 




/ 




/ 




03/01/95 




.2105 




/ 








03/01/95 








11 


.0209 




/ 








03/01/95 




13 


NCAC 


7F 


.0201 










/ 






.0201 




/ 








03/01/95 








17 


.0106 










/ 






15A 


NCAC 


31 


.0015 










/ 










6C 


.0417 




/ 




/ 




03/01/95 








10B 


.0115 




/ 




/ 




03/01/95 








10G 


.0206 










/ 










18A 


.2801 




/ 








03/01/95 




.2804 










/ 






.2810 




/ 




/ 




03/01/95 




.2821 










/ 






16 


NCAC 


6C 


.0101 




/ 








07/01/95 




17 


NCAC 


1C 


.0504 




/ 








03/01/95 







21 84 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



LIST OF RULES CODIFIED 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


17 


NCAC 


1C .0506 




/ 








03/01/95 




19A 


NCAC 


2E .1001 - .1002 


/ 






/ 




03/01/95 








.1003 


/ 










03/01/95 




.1004- .1007 


/ 






/ 




03/01/95 








.1008 - .1009 


/ 










03/01/95 




21 


NCAC 


4B .0501 - .0502 




/ 




/ 




03/01/95 




19 .0103 


/ 






/ 




03/01/95 




.0203 


/ 






/ 




03/01/95 




.0701 - .0702 


/ 










03/01/95 




.0703 - .0704 


/ 






/ 




03/01/95 




25 


NCAC 


ID .0100 










/ 






27 


NCAC 


1A .0101 - .0106 


/ 










12/08/94 




.0201 - .0203 


/ 










12/08/94 




.0301 - .0307 


/ 










12/08/94 




.0401 - .0404 


/ 










12/08/94 




.0501 - .0505 


/ 










12/08/94 




.0601 - .0604 


/ 










12/08/94 




.0701 


/ 










12/08/94 




.0801 - .0805 


/ 










12/08/94 




.1101 


/ 










12/08/94 




.1201 


/ 










12/08/94 




.1301 


/ 










12/08/94 




IB .0101 - .0130 


/ 










12/08/94 




.0201 - .0217 


/ 










12/08/94 




1C .0101 - .0104 


/ 










12/08/94 




.0201 - .0210 


/ 










12/08/94 




ID .0101 - .0104 


/ 










12/08/94 




.0201 - .0207 


/ 










12/08/94 




.0301 - .0303 


/ 










12/08/94 




.0401 - .0406 


/ 










12/08/94 




.0501 - .0510 


/ 










12/08/94 




.0601 - .0609 


/ 










12/08/94 




.0701 - .0704 


/ 










12/08/94 






9:24 




NORTH CAROLS 


/A REG 


ISTER 




March 


15, 199. 


5 


2185 



LIST OF RULES CODIFIED 








Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 




27 NCAC ID .0801 - .0808 


/ 










12/08/94 






.0901 - .0904 


/ 










12/08/94 






.1001 - .1011 


/ 










12/08/94 






.1301 - .1316 


/ 










12/08/94 






.1401 - .1420 


/ 










12/08/94 






.1501 - .1527 


/ 










12/08/94 






.1601 - .1610 


/ 










12/08/94 






.1701 - .1726 


/ 










12/08/94 






.1801 - .1806 


/ 










12/08/94 






.1901 - .1908 


/ 










12/08/94 






.2001 - .2006 


/ 










12/08/94 






.2101 - .2107 


/ 










12/08/94 






.2201 - .2207 


/ 










12/08/94 






.2301 - .2307 


/ 










12/08/94 






.2401 - .2407 


/ 










12/08/94 






.2501 - .2507 


/ 










12/08/94 






IE .0101 - .0106 


/ 










12/08/94 






.0201 - .0205 


/ 










12/08/94 






.0301 - .0309 


/ 










12/08/94 






.0401 - .0410 


/ 










12/08/94 






2 0.1-0.3 


/ 










12/08/94 






1.1 - 1.3 


/ 










12/08/94 






2.1 - 2.8 


/ 










12/08/94 






3.1 - 3.3 


/ 










12/08/94 






4 


/ 










12/08/94 






5.1 -5.11 


/ 










12/08/94 






6 


/ 










12/08/94 






7.1 -7.10 


/ 










12/08/94 






8.1 - 8.2 


/ 










12/08/94 






9.1 -9.2 


/ 










12/08/94 






10.1 - 10.3 


/ 










12/08/94 










2186 NORTH CAROLIM 


4 REG1 


STER 




t 


larch 1 


5, 1995 


9:24 


■ 



RRC OBJECTIONS 



lhe Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 
150B-21.9(a). State agencies are required to respond to RRC as provided in G.S. 150B-21. 12(a). 



AGRICULTURE 

Plant Industry 

2 NCAC 48D . 0003 - Labeling 
Rule Withdrawn by Agency 

COMMERCE 

Community Assistance 

4 NCAC 19L .0407 - General Application Requirements 
Agency Revised Rule 

CORRECTION 

Division of Prisons 

5 NCAC 2B .0111 - Good Time 
Agency Revised Rule 

5 NCAC 2B .0112 - Gain Time 
Agency Revised Rule 

5 NCAC 2B .0113 - Earned Time 
Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental Health 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



02/16/95 



02/16/95 
02/16/95 



01/19/95 
01/19/95 
01/19/95 
01/19/95 
01/19/95 
01/19/95 



15A NCAC 18A .2801 - Definitions RRC Objection 01/19/95 

Rule Approved as Written Obj. Removed 02/16/95 

15A NCAC 18A . 2810 - Specifications for Kitchens, Based on Number/Children RRC Objection 01/19/95 

Agency Revised Rule Obj. Removed 02/16/95 



Environmental Management 

15 A NCAC 2Q .0112 - Applications Requiring Professional Engineer Seal 
No Response from Agency 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

General Procedures for Public Health Programs 

15A NCAC 24A .0404 - Reimbursement for Services Not Covered by Medicaid 
RRC Approved Motion to Reconsider 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 



RRC Objection 1 1 II 7/94 

Obj. Cont'd 12/15/94 

Obj. Cont'd 01/19/95 

Eff. 02/01/95 



RRC Objection 12/15/94 

Obj. Cont'd 12/15/94 

Obj. Cont'd 01/19/95 

Eff. 02/01/95 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2187 



RRC OBJECTIONS 



RRC Objection 01/19/95 

Obj. Removed 01/19/95 

RRC Objection 01/19/95 

Obj. Removed 01/19/95 



RRC Objection 
Obj. Removed 



01/19/95 
01/19/95 



Marine Fisheries 

15 A NCAC 31 .0017 - Fishery Resource Grant Program 

Agency Revised Rule 
15 A NCAC 30 .0304 - Consideration of Appeal Petitions 

Agency Revised Rule 

Wildlife Resources and Water Safety 

15A NCAC 10G .0206 - Authority of Boat Registration Agents 
Agency Revised Rule 

HUMAN RESOURCES 

Facility Services 

10 NCAC 3H .0221 - Administrative Penalty Determination Process 

Agency Revised Rule 
10 NCAC 3T.0102 - Definitions 

Agency Revised Rule 
10 NCAC 3T . 1109 - Resident Care Areas 

Agency Revised Rule 

Individual and Family Support 

10 NCAC 42C .3601 - Administrative Penalty Determination Process 
Agency Revised Rule 

Medical Assistance 

10 NCAC 26H .0211 - DRG Rate Setting Methodology 

Agency Revised Rule 
10 NCAC 26H .0212 - Exceptions to DRG Reimbursement 

Agency Revised Rule 

10 NCAC 26H .0216 - Cost Reporting and Audits 

Agency Revised Rule 

INSURANCE 

Actuarial Services Division 

11 NCAC 16 .0705 - Claim Reserve Methodology and Actuarial Certification 

Agency Revised Rule 

Agent Services Division 

11 NCAC 6A .0801 - Definitions 

Agency Revised Rule 
11 NCAC 6A .0805 - Calculation of ICECs 

Agency Revised Rule 
11 NCAC 6 A .0808 - Instructor Qualification 

Rule Withdrawn by Agency 
11 NCAC 6A .0809 - Approval of Courses 

Rule Withdrawn by Agency 



RRC Objection 


01/19/95 


Obj. Removed 


01/19/95 


RRC Objection 


01/19/95 


Obj. Removed 


01/19/95 


RRC Objection 


01/19/95 


Obj. Removed 


01/19/95 


RRC Objection 


01/19/95 


Obj. Removed 


01/19/95 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



01/19/95 
02/16/95 
01/19/95 
01/19/95 
01/19/95 
01/19/95 



RRC Objection 
Obj. Removed 



01/19/95 
01/19/95 



RRC Objection 01/19/95 

Obj. Removed 01/19/95 

RRC Objection 01/19/95 

Obj. Removed 01/19/95 

01/19/95 

01/19/95 



2188 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



RRC OBJECTIONS 



11 NCAC 6A .0811 - Sanctions for Noncompliance 
Rule Withdrawn by Agency 

LABOR 

Private Personnel Services 

13 NCAC 17 .0102 - Licensing Procedures 

Agency Revised Rule 
13 NCAC 17 .0105 - Fee Reimbursement 

Rule Withdrawn by Agency 

LICENSING BOARDS AND COMMISSIONS 
Board of Dietetics/Nutrition 

21 NCAC 17 .0113 - Fees 

Agency Revised Rule 
21 NCAC 17 .0201 - Definitions 

Agency Revised Rule 
21 NCAC 17 .0202 - Requirement for Review 

Agency Revised Rule 
U NCAC 1 7 . 0203 - Review and Board Action 

Agency Revised Rule 

Board of Examiners of Electrical Contractors 

21 NCAC 18B .0901 - Applicants Convicted of Crimes 
No Response from Agency 

Board of Electrolysis Examiners 

21 NCAC 19 .0203 - Application/Renewal, Reinstatement/Reactivation/License 

Agency Revised Rule 
21 NCAC 19 .0704 - Time Limits on Credit 

Agency Revised Rule 

Board of Opticians 

21 NCAC 40 .0314 - Apprenticeship and Internship Requirements; Registration 
Agency Revised Rule 
No Response from Agency 
Agency Responded 
No Response from Agency 

PUBLIC EDUCATION 

Elementary and Secondary Education 

16 NCAC 6C .0207 - Prospective Teacher Scholarship Loans 



01/19/95 



RRC Objection 
Obj. Removed 



01/19/95 
01/19/95 

01/19/95 



RRC 


Objection 


01/19/95 


Obj. 


Removed 


01/19/95 


RRC 


Objection 


01/19/95 


Obj. 


Removed 


01/19/95 


RRC 


Objection 


01/19/95 


Obj. 


Removed 


01/19/95 


RRC 


Objection 


01/19/95 


Obj. 


Removed 


01/19/95 



RRC Objection 
Obj. Contd 



01/19/95 
02/16/95 



RRC Objection 02/16/95 

Obj. Removed 02/16/95 

RRC Objection 02/16/95 

Obj. Removed 02/16/95 



RRC 


Objection 


11/17/94 


Obj. 


Cont'd 


11/17/94 


Obj. 


Cont 'd 


12/15/94 


Obj. 


Contd 


01/19/95 


Obj. 


Cont d 


02/16/95 



RRC Objection 02/16/95 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2189 



RRC OBJECTIONS 



SECRETARY OF STATE 



Notary Public Division 



18 NCAC 7 .0301 - Approved Course of Study 

No Response from Agency 

Rule Returned to Agency 
18 NCAC 7 .0302 - Instructors 

No Response from Agency 

Rule Returned to Agency 



RRC 


Objection 


12/15/94 


Obj. 


Cont'd 


01/19/95 


Obj. 


Cont 'd 


02/16/95 


RRC 


Objection 


12/15/94 


Obj. 


Cont'd 


01/19/95 


Obj. 


Cont 'd 


02/16/95 



TRANSPORTATION 



Division of Highways 



19A NCAC 2D .0825 - Confidentiality of Cost Estimates and Plan Holder Lists 

Agency Revised Rule 
19A NCAC 2E .1001 - Definitions 

Agency Revised Rule 
19A NCAC 2E . 1005 - Designation Process 

Agency Revised Rule 
19 A NCAC 2E .1007 - Removal Process 

Agency Revised Rule 



RRC Objection 


01/19/95 


Obj. Removed 


01/19/95 


RRC Objection 


02/16/95 


Obj. Removed 


02/16/95 


RRC Objection 


02/16/95 


Obj. Removed 


02/16/95 


RRC Objection 


02/16/95 


Obj. Removed 


02/16/95 



2190 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina s 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

North Carolina Council for Women 

Family Violence Prevention Services v. N.C. Council for Women 

Division of Purchase and Contract 

Carolina Tel. &. Telegraph Co. v. Admin., Div of Purchase &. Contract 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Jerry Lee McGowan v. Alcoholic Beverage Control Comm. 

Alcoholic Beverage Control Comm. v. Entertainment Group, Inc. 

Alcoholic Beverage Control Comm. v. Daehae Chang 

Rayvon Stewart v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Comm. v. Branchland, Inc. 

Alcoholic Beverage Control Comm. v. Peggy Sutton Walters 

Russell Bernard Speller d/b/a Cat's Disco v. Alcoholic Bev Ctl Comm. 

Alcoholic Beverage Control Comm. v. Branchland, Inc. 

Edward Ogunjobi, Club Piccadilli v. Alcoholic Beverage Control Comm. 

Robert Kovalaske, Nick Pikoulas, Joseph Marshburn, Evangelos Pikoulas, 

d/b/a Our Mom's BBQ v. Alcoholic Beverage Control Commission 
Christine George Williams v. Alcoholic Beverage Control Comm. 
Lynn Ann Garfagna v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Raleigh Limits, Inc. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Mr. & Mrs. Josh Bullock Jr. v. Alcoholic Beverage Control Comm. 
Jerome Crawford v. Alcoholic Beverage Control Commission 
Lawrence Mungin v. Alcoholic Beverage Control Commission 
Willie Poole Jr. v. Alcoholic Beverage Control Commission 
Alonza Mitchell v. Alcoholic Beverage Control Commission 
Roy Dale Cagle v. Alcoholic Beverage Control Commission 
Aytes Investments, Inc. v. ABC Comm. and Ripley Hotch, et. al. 
Christopher C. Gause, James A Jinwright v. Alcoholic Bev. Ctl. Coram, 
Rajaddin Abdelaziz v. Alcoholic Beverage Control Commission 
Alcoholic Bev. Control Comm. v. Partnership Robert Laurence McHenry 
Alcoholic Beverage Control Comm. v. Sherrie Rena Quick 
Carol Hewitt v. Alcoholic Beverage Control Commission 
Alcoholic Bev. Ctrl. Comm. v. Partnership, T/A Price Downs Food Mart 
Alcoholic Beverage Control Comm. v. Huyen Mong Le 
Alcoholic Beverage Control Comm. v. Sheila Charlesine Hildebrand 
Alcoholic Beverage Control Comm. v. James Earl Mullins, Sr 
Alcoholic Beverage Control Comm. v. Saleh Ahmed Fadah 
Alcoholic Bev. Control Comm. v. Partnership Robert Laurence McHenry 
Alcoholic Beverage Control Comm. v. Daniel Thomas Franklin 
Nnamdi Lawrence Osakwe v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Mark Rogers, Jr. 



Tilghman's of Topsail, Inc. 
COLAP Enterprises, Inc. 
Mitch's Tavern, Inc. 
Ms. Lucy Jarrell Powell 
Richard Wayne Barrow 
Subhashbai C. Patel 
Daphne Ann Harrell 



94 DOA 0242 



94 DOA 0516 



West 



04/13/94 



Morrison 01/21/95 



93 ABC 0363 


Morrison 


08/23/94 


93 ABC 0719 


Gray 


03/02/94 


93 ABC 0775 


Morrison 


09/21/94 


93 ABC 0793 


Nesnow 


04/11/94 


93 ABC 0892 


Morgan 


06/03/94 


93 ABC 0906 


Mann 


03/18/94 


93 ABC 0937 


Morrison 


03/07/94 


93 ABC 0993 


Morgan 


06/03/94 


93 ABC 1024 


West 


03/03/94 


93 ABC 1029 


Gray 


03/04/94 


93 ABC 1057 


Bee ton 


04/21/94 


93 ABC 1481 


Gray 


07/19/94 


93 ABC 1485 


Mann 


03/11/94 


94 ABC 0057 


Chess 


12/09/94 


94 ABC 0060 


Nesnow 


06/07/94 


94 ABC 0064 


Gray 


07/26/94 


94 ABC 0070 


Morgan 


06/06/94 


94 ABC 0079 


Gray 


10/14/94 


94 ABC 0083 


West 


11/01/94 


94 ABC 0115 


Nesnow 


07/18/94 


94 ABC 0124 


Morgan 


06/06/94 


94 ABC 0125 


Morgan 


06/06/94 


94 ABC 0149 


Chess 


08/08/94 


94 ABC 0232 


Chess 


09/02/94 


94 ABC 0257 


Morrison 


07/28/94 


94 ABC 0260 


West 


07/13/94 


94 ABC 0291 


West 


01/25/95 


94 ABC 0532 


Gray 


09/27/94 


94 ABC 0600 


Chess 


09/22/94 


94ABC0631* 13 


Morrison 


02/21/95 


94 ABC 0717 


Gray 


12/16/94 


94 ABC 0804 


Gray 


01/04/95 


94 ABC 0856 


West 


11/22/94 


94 ABC 0887 


Mann 


02/20/95 


94 ABC 0909 


Bee ton 


01/10/95 


94 ABC 0934 


West 


12/05/94 


94 ABC 0952 


Mann 


02/06/95 


94ABC 1055*" 


Morrison 


02/21/95 


94 ABC 1059 


Gray 


02/10/95 


94 ABC 1363 


Chess 


02/21/95 


94 ABC 1566 


Chess 


02/20/95 



9:22 NCR 1943 



9:11 NCR 870 



>:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2191 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



COMMERCE 

Savings Institutions Division 

James E. Byers, et al v. Savings Institutions 

CORRECTION 

Division of Prisons 

Gene Strader v. Department of Correction 



93 COM 1622 Chess 



94 DOC 0252 



03/01/94 



Morrison 03/21/94 



CRIME CONTROL AND PUBLIC SAFETY 

Joseph Guernsey & Parents, Robert Guernsey & Dolores Guernsey 
v. Pitt County Hospital Eastern Radiologists 



94 CPS 0413 



Gray 



07/11/94 



Crime Victims Compensation Commission 

Mae H. McMillan v. Crime Victims Compensation Commission 

James Hugh Bay nes v. Crime Victims Compensation Commission 

Ross T. Bond v. Victims Compensation Commission 

James A. Canady v. Crime Victims Compensation Commission 

Virginia Roof v. Department of Crime Control & Public Safety 

Karen C. Tilghman v. Crime Victims Compensation Commission 

Rosemary Taylor v. Crime Victims Compensation Commission 

Violet E. Kline v. Crime Victims Compensation Commission 

Jacqueline Shepard v. Victims Compensation Commission 

James Benton v. Crime Victims Compensation Commission 

Percy Clark v. Crime Victims Compensation Commission 

J. Richard Spencer v. Crime Victims Compensation Commission 

Albert H. Walker v. Crime Victims Compensation Commission 

Barbara Henderson v. Crime Victims Compensation Commission 

Shirley Handsome v. Crime Victims Compensation Commission 

Georgeann Young v. Crime Victims Compensation Commission 

Lawrence L. Tyson v. Crime Victims Compensation Commission 

Ada Battle v. Crime Victims Compensation Commission 

Lyman L. Chapman v. Crime Victims Compensation Commission 

Douglas and Virginia Wilson v. Crime Victims Compensation Comm. 

Blanche J. Taylor v. William Hooks Jr., Crime Victims Comp. Comm. 

Michelle L. Wilcox v. Crime Victims Compensation Commission 

Charlie E. McDonald v. Crime Victims Compensation Commission 

Lillie Alford/behalf/estate/Venise Alford v. Crime Victims Comp. Comm. 

Michael G. Low v. Crime Victims Compensation Commission 

Torbit Smith v. Victims Compensation Commission 

Maureen P. Wilson v. Crime Victims Compensation Commission 

Kay Thompson Chambers v. Crime Victims Compensation Commission 

James R. Gray v. Crime Victims Compensation Commission 

Hazel Jarvis v. Victims Compensation Commission 

Pattie Hale v. Victims Compensation Fund 

Dana Harris v. Crime Victims Compensation Commission 

Dorian Walter St. Patrick Scott v. Victims Compensation Comm. 

Timothy W. Grant v. Crime Victims Compensation Commission 

Marvin C. Barnes v. Crime Victims Compensation Commission 

Susan Cooley v. Crime Victims Compensation Commission 

In the Matter of the Claim of Claimant: Shirley Robinson Victim: 

Dandre J. Lamont Offender Charles Fernandez v. Crime Victims 

Compensation Comm. 
Mary E. Haskins v. Crime Victims Compensation Commission 
Melissa C. Speer v. Crime Con. & Public Safety, Victims Comp. Comm. 
Susan Wade v. Victims Compensation Commission 
Donna C. Garrison v. Crime Victims Compensation Commission 
Ray C. Jacobs v. Crime Control & Public Safety 



92 CPS 1328 


Morgan 


08/11/94 


93 CPS 0801 


West 


03/28/94 


93 CPS 1104 


West 


04/21/94 


93 CPS 1108 


Gray 


03/28/94 


93 CPS 1347 


Nesnow 


03/24/94 


93 CPS 1608 


Reilly 


05/17/94 


93 CPS 1626 


Nesnow 


05/25/94 


93 CPS 1670 


Morgan 


06/13/94 


93 CPS 1720 


Chess 


12/06/94 


94 CPS 0034 


Chess 


06/14/94 


94 CPS 0127 


Reilly 


04/19/94 


94 CPS 0157 


Chess 


06/14/94 


94 CPS 0229 


Reilly 


08/11/94 


94 CPS 0259 


Morrison 


04/07/94 


94 CPS 0286 


Gray 


04/28/94 


94 CPS 0292 


Reilly 


04/18/94 


94 CPS 0368 


Gray 


04/26/94 


94 CPS 0414 


Reilly 


08/23/94 


94 CPS 0415 


Chess 


06/02/94 


94 CPS 0417 


Reilly 


06/07/94 


94 CPS 0464 


Mann 


10/28/94 


94 CPS 0467 


Reilly 


06/07/94 


94 CPS 0468 


Gray 


09/02/94 


94 CPS 0488 


West 


11/10/94 


94 CPS 0524 


Morrison 


06/13/94 


94 CPS 0535 


Bee ton 


10/26/94 


94 CPS 0567 


Gray 


09/23/94 


94 CPS 0581 


Morrison 


09/28/94 


94 CPS 0603 


Reilly 


08/19/94 


94 CPS 0664 


Chess 


07/29/94 


94 CPS 0734 


West 


09/06/94 


94 CPS 0832 


Nesnow 


09/26/94 


94 CPS 0883 


Nesnow 


10/04/94 


94 CPS 0904 


Gray 


01/24/95 


94 CPS 0922 


Mann 


01/30/95 


94 CPS 1004 


Gray 


12/27/94 


94 CPS 1070 


Nesnow 


12/12/94 


94 CPS 1406 


Gray 


03/17/94 


94 CPS 1523 


Nesnow 


02/15/95 


94 CPS 1685 


Morrison 


02/01/95 


94 CPS 1690 


Reilly 


01/18/95 


94 CPS 1735 


Chess 


01/31/95 



9:2 NCR 114 



9:6 NCR 407 



9:13 NCR 1056 



2192 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



EMPLOYMENT SECURITY COMMISSION 

David Lee Bush v. Employment Security Commission 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Bobby Stallings v. Environment, Health, and Natural Resources 
James M. Lyles v. Brunswick County Office of Permits 
Erby Lamar Grainger v. Environment, Health, & Natural Resources 
William P. Shaver, R. McKinnon Morrison HI, Till Ray, Dr. Wesley 

C. Ray, Douglas W. Furr, Catherine H. Furr & Caldwell Creek Farm, Inc. 

v. EHNR-State of North Carolina 
Ron D. Graham, Suzanne C. Graham v. Robert Cobb, Mecklenburg Cty 
Robert, Stephanie & Joshua Campbell v. EHNR; Child. Spcl Hlth Svcs 
Carnel D. Pearson Jr. v. Craven Co. Division of Health & DEHNR 
Patricia D. Solomon v. Macon County Health Department 
Elbert L. Winslow v. EHNR/Guilford Cty Health Dept. & Guilford Cty 

Planning & Zoning Board 
Kathryn A. Whitley v. Macon County Health Department 
Brook Hollow Estates v. Environment, Health, & Natural Resources 
Laney Oil Company, Inc. v. Environment, Health, & Natural Resources 
Bobby Combs v. Public Water Supply Section 

Oceanfront Court, David C. Gagnon v. Environment, Health, & Nat. Res. 
Scotland Water Co. v. Environment, Health, & Natural Resources 
Sam's Club #8219 v. Mecklenburg County Health Department 
Everhart & Associates., Inc. and Hettie Tolson Johnson v. Environment, 

Health, and Natural Resources and Zelig Robinson 
Richard A. Jenkins v. NC Water Pollution Ql. Sys. Op. Cert. Comm. 
Eugene Crawford & Nancy P. Crawford v. Macon County Health Dept. 
Joseph B. Leggett v. Environment, Health, & Natural Resources 
Tri-Circuite, Inc. v. Environment, Health, Sl Natural Resources 
Thomas Taylor Fain v. Martin-Tyrrell- Wash. Dist. Health Dept., EHNR 
Marlen C. Robb, Jr. v. CAMA, Washington, NC EHNR 
Irene, Will, Eric Litaker v. Montgomery County Health Department 
James Loder v. New Hanover Inspection Svcs., Local CAMA Permit Off. 
H. W. Golding v. Environment, Health, & Natural Resources 
National Food Market v. Environment, Health, and Natural Resources 
Edna M. Blake v. EHNR and Onslow County Health Department 
Harvey Ted Hemilright, Wendy Leigh Hemilright v. EHNR 
Browning-Ferris Ind. of S. Atlantic, Inc., and Sampson County Disposal, 

Inc. v. Environment, Health, and Natural Resources 
and 

Columbus Cty., American Refuse Sys., Inc. and ARS-Waste Mgmt., Ltd. 
Lee E. Harrell v. Environment, Health, & Natural Resources 
Conbraco Industries, Inc. v. Environment, Health, & Natural Resources 
Briarcliffe Partnership, Barry R. Sidden v. Env., Health, & Nat. Res. 
Carriage-I^rk Development Corp. v. Environment, Health, & Nat. Res. 
Carriage-J^rk Development Corp. v. Environment, Health, & Nat. Res. 

Coastal Management 

Roger Fuller v. EHNR, Div. of Coastal Mgmt & Environmental Mgmt 
Roger Fuller v. EHNR, Div. of Coastal Mgmt & Environmental Mgmt 
John R. Hooper v. EHNR, Div./Coastal Mgmt & Bird's Nest Partnership 
Dave Dawson v. Division of Coastal Management 
Gary E. Montalbine v. Division of Coastal Management 
Gini Linn Ingram Abee v. EHNR, Division of Coastal Management 
Raley-Midgett J^rtnership v. Coastal Resources Commission 
Jerry A. Cook, Marilyn S. Cook and John W. Sherrill v. EHNR, Coastal 
Resources Commission 



91 ESC 0395 



* Consolidated Cases. 



Reilly 



08/18/94 



90 EHR 0612 


Morgan 


08/11/94 


92 EHR 0333 


Chess 


09/22/94 


93 EHR 0071 


Reilly 


11/22/94 


93 EHR 0452 


Morgan 


08/11/94 


93 EHR 1017 


Becton 


05/31/94 


93 EHR 1019 


Bee ton 


12/28/94 


93 EHR 1759 


Mann 


09/06/94 


93 EHR 1777 


West 


05/23/94 


94 EHR 0086 


Chess 


07/13/94 


94 EHR 0088 


West 


07/13/94 


94 EHR 0093 


West 


06/03/94 


94 EHR 0098 


Nesnow 


01/13/95 


94 EHR 0202 


West 


10/19/94 


94 EHR 0210 


Chess 


06/21/94 


94 EHR 0239 


Morrison 


01/31/95 


94 EHR 0329 


Nesnow 


06/15/94 


94 EHR 0392 


Reilly 


10/18/94 


94 EHR 0424 


West 


10/11/94 


94 EHR 0500 


Gray 


06/10/94 


94 EHR 0560 


West 


09/21/94 


94 EHR 0601 


Morrison 


06/30/94 


94 EHR 0736 


West 


11/22/94 


94 EHR 0767 


West 


11/22/94 


94 EHR 0776 


Gray 


09/06/94 


94 EHR 0821 


Chess 


11/21/94 


94 EHR 0913 


Reilly 


01/23/95 


94 EHR 0998 


Reilly 


12/19/94 


94 EHR 1035 


Becton 


02/10/95 


94 EHR 1402 


Reilly 


02/09/95 


94 EHR 1516 


West 


02/28/95 



94 EHR 1663 


Reilly 


02/09/95 


94 EHR 1686 


Reilly 


02/14/95 


94 EHR 1730 


West 


02/09/95 


94 EHR 1795 


Gray 


03/01/95 


94 EHR 1796 


Gray 


03/01/95 



89 EHR 1378"* 


Gray 


04/07/94 


90 EHR 0017* 


Gray 


04/07/94 


90 EHR 0455 


Morgan 


08/11/94 


93 EHR 0817 


Chess 


01/06/95 


93 EHR 1792 


Nesnow 


03/21/94 


94 EHR 0312 


West 


02/24/95 


94 EHR 0315 


Gray 


06/01/94 


94 EHR 1793 


Nesnow 


02/27/95 



9:20 NCR 1688 



9:7 NCR 
9:15 NCR 



496 
1231 



9:23 NCR 2060 



9:24 NCR 2209 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2193 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



91 EHR 0838 


Bee ton 


04/06/94 


93 EHR 0348 


Morgan 


07/22/94 


93 EHR 0924 


Bee ton 


03/03/94 


93 EHR 1391 


Chess 


06/24/94 


93 EHR 1609 


Gray 


12/27/94 


94 EHR 0005 


Rally 


05/24/94 


94 EHR 0128 


Chess 


07/13/94 


94 EHR 0200 


Nesnow 


04/27/94 


94 EHR 0235 


Nesnow 


07/19/94 


94 EHR 0333 


Reilly 


05/18/94 


94 EHR 0529 


Morrison 


01/04/95 


94 EHR 1003 


Reilly 


12/07/94 


94 EHR 1071 


Reilly 


02/15/95 



Craven County Health Department 

Cox Transport Equipment, Harvey A Cox v. County of Craven, EHNR 94 EHR 0487 West 11/01/94 

Environmental Health 



Jane C O'Malley, Melvin L. Cartwright v. EHNR & District Hlth Dept 

fesquotank-Perquimans-Camden-Chowan 
Henry Lee Bulluck v. Nash County Health Department & EHNR 
Environment, Health, Sc Natural Res. v. Clark Harris Si. Jessie Lee Harris 
Richard E Ebeisold v. Jackson County Health Department &. EHNR 
Crab Shack Restaurant v. EHNR, Div. of Environmental Health 
Sidney S. Tate Jr. v. Dept. of Environment, Health, & Natural Resources 
George A Waugh, Shirley A. Waugh v. Carteret Cty Health & Env. Hlth 
Scotland Water Co., Laurin Lakes v. Environment, Health, & Nat. Res. 
H.A. Lentz v. Department of Environment, Health, & Natural Resources 
Floyd Benn Williams v. Dept. of Environment, Health, & Nat. Res. 
Robert Leon Snipes v. Environmental Health, Hillsborough NC 
Ralston I\>und, Jr. & Deanie S. Pound v. Carteret Cty. Env. Health Dept. 
James E. Taylor, MarjorieM. Taylor v. Environmental Health Division 

Environmental Management 

David Springer v. Dept. of Environment, Health, & Natural Resources 
Petroleum Installation Equipment Co. , Inc. v. Env., Health & Nat. Res. 
Raleigh-Durham Airport Authority v. EHNR, Div of Env. Management 
Howell's Child Care Center, Inc. v. EHNR, Div of Environmental Mgmt. 
Spring Valley Meats, Inc. v. Environment, Health, & Natural Resources 
Jack Griffin v. Dept. of Environment, Health, and Natural Resources 
Wooten Oil Company v. EHNR, Div of Environmental Management 
John G. Owens & J.B.S. Mechanical Svcs, Inc. v. EHNR, Env. Mgmt. 
Raleigh-Durham Airport Authority v. EHNR, Div of Env. Management 
General Electric Co., Inc. v. EHNR, Env. Mgmt. Comm. & City/Mebane 
Vernon & Matoha Turbyfill, Elaine T. McCloud, Douglas A. Bare, and 

Annette Bare, et al v. EHNR, Div. of Environmental Management 
and 

The Town of Elk ftrk 
G. and S. Industries, Inc. v. EHNR, Div. of Environmental Management 

Land Resources 

Wallace B. Clayton, Dr. Marshall Redding v. Div. of Land Resources 
Town of Kernetsville (LQS 93-053) v. Environment, Health, & Nat. Res. 
Royce Perry, Paul Perry v. Dept. of Environment, Health, &. Natural Res. 
Robert L. Beadles, Acting as Atty-in-Fact for Thomas R. Hay v. EHNR 

Marine Fisheries 

Robert I. Swinson, Virginia S. Swinson v. EHNR, Div/Marine Fisheries 

Larry J. Batson v. Division of Marine Fisheries 

David W. Oglesby v. Division of Marine Fisheries 

David E. Oglesby v. Division of Marine Fisheries 

James Goodman v. EHNR, Division of Marine Fisheries 

Billy Ervin Burton v. Division of Marine Fisheries 

Maternal and Child Health 

W1C Section 



Anthony Awueah v. EHNR, Div. Maternal &. Child Health, WIC Section 
Orange Finer Food v. Environment, Health, and Natural Resources 
Salah Helu v. Environment, Health, and Natural Resources 

Pender County Health Department 

Milton Rudd v. Pender County Health Department 94 EHR 0874 Chess 



92 EHR 1797 


Morgan 


05/19/94 


93 EHR 0531 


Chess 


03/21/94 


93 EHR 0684* 11 


West 


01/31/95 


93 EHR 0955 


West 


11/02/94 


93 EHR 0974 


West 


11/03/94 


93 EHR 1030 


Bee ton 


03/21/94 


94 EHR 0001 


West 


09/30/94 


94 EHR 0024 


Mann 


09/07/94 


94 EHR 0612*" 


West 


01/31/95 


94 EHR 1031 


Reilly 


11/30/94 


94 EHR 1765 


Gray 


02/27/95 



94 EHR 1804 Gray 



02/24/95 



93 EHR 1407 


Morgan 


08/09/94 


93 EHR 1781 


Chess 


06/29/94 


94 EHR 0525 


Gray 


07/01/94 


94 EHR 1733 


Gray 


02/24/95 



94 EHR 0718 


Chess 


09/23/94 


94 EHR 0965 


Reilly 


12/19/94 


94 EHR 0976 


Reilly 


12/20/94 



9:19 NCR 1595 



9:8 NCR 581 



93 EHR 0394 


Gray 


04/11/94 






93 EHR 0857 


Morgan 


07/22/94 






93 EHR 0930* 


West 


07/25/94 


9:10 NCR 


75S 


93 EHR 0931* 


West 


07/25/94 


9:10 NCR 


75S 


94 EHR 0035 


Nesnow 


07/18/94 


9:9 NCR 


660 


94 EHR 0504 


Nesnow 


09/01/94 







01/26/95 



2194 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Radiation Protection 

Petya Lee Perkins, M.D. v. Radioactive Materials Section, EHNR 

Rockingham County Department of Public Health 

David Martin Shelton v. Rockingham Dept. of Public Health and EHNR 

Solid Waste Management 



94 EHR 0903 



94 EHR 1316 



West 02/21/95 



West 02/09/95 



Gray 03/28/94 

Morrison 04/06/94 



94 CSE 1007 


Chess 


01/24/95 


93 DHR 0108 


Reilly 


08/19/94 


93 DHR 0965 


Morgan 


08/11/94 


94 DHR 0365 


West 


06/01/94 


94 DHR 0439 


Chess 


12/15/94 


94 DHR 0501 


Morrison 


06/02/94 


94 DHR 0811 


Bee ton 


11/14/94 


94 DHR 1559 


Gray 


01/24/95 



93 DCS 0969 


Morgan 


08/02/94 


93 DCS 0371 


Morgan 


07/14/94 


94 DCS 0651 


Nesnow 


09/15/94 



Roger Sessoms v. EHNR/ Asbestos Hazard Management Branch 93 EHR 0951 

Bertie Citizens Action Coalition, Inc.; Willaid J. Oliver, Reginald Early, 93 EHR 1045 

Herbert Jenkins, Jr., Lindwood Earl Tripp, Willie Warren Tripp, Mary 

Alice Cherry, and Kathy Burden v. EHNR, Solid Waste Management 

Division, and East Carolina Environmental, Inc., Addington Environmental, 

Inc., et al. 
Bobby Benton v. EHNR & Division of Solid Waste 94 EHR 0442 Gray 08/22/94 

HUMAN RESOURCES 



Timothy Creed v. Montgomery Cty Dept. of Social Svcs. 

Jerome Triplin v. Department of Human Resources 

Helen J. Walls, Walls Young World v. Department of Human Resources 

Brenda C. Robinson v. Department of Human Resources 

Betty King v. Department of Human Resources 

Betty Rhodes v. Department of Human Resources 

Mr. & Mrs. Richard Bullen v. Department of Human Resources 

Bonnie Bi re hfi eld v. Mecklenburg D.S.S. Youth & Family Svcs. 

Distribution Child Support 

Mona L. Slanback v. DHR, Div/Social Svcs, Child Support Enf. Section 
Jachell D. I^rker v. Department of Human Resources 
Earleen G. Tinsley v. Department of Human Resources 

Division of Child Development 

Judith Fridley v. Div. of Child Development/ Abuse/Neglect Unit 

DHR, Division of Child Development v. Joyce Gale 

Lauieen Holt, ID#26-0-00037 v. DHR, Div. of Child Development 

Gloria C. Haith v. Department of Human Resources 

Gloria C. Haith v. Daycare Consultant 

Charles E. Smith v. Department of Human Resources 

Scotfs Loving Day Care & Nursery, Mrs. Willie L. Scott v. DHR 

Belinda K. Mitchell v. Human Resources, Div. of Child Development 

Living Word Day Care, Jonathan Lankford v. Dept. of Human Resources 

David G. Whirled, Pres., Toddlers Academy, Inc. v. Div of Child Dev. 

Miriam C. Kircher v. Human Resources, Div. of Child Development 

Mary T. Hill v. Human Resources, Division of Child Development 

Kid's World Creative School & Day Care v. DHR, Div of Child Dev. 

Facility Services 

Laura Harvey Williams v. DHR, Division of Facility Services 

Presbyterian-Orthopaedic Hospital v. Department of Human Resources 

fudy Hoben Wallace v. Department of Human Resources 

Lowell Stafford v. Department of Human Resources 

Willie J. McCombs v. Human Resources, Div. of Facility Services 

Vlr. & Mrs. Alvin Wilson v. DHR, Division of Facility Services 

Steve Alan Russell v. DHR, Div. of Facility Svcs, Emergency Med. Svcs 

Settle Graham v. Youth and Family Services, Charlotte, N.C. 



Certificate of Need Section 

Charles E. Hunter, Jr., M.D. & Coastal Perfusion Svcs, Inc. v. 

Department of Human Resources, and Wilmington Perfusion 

Corp. and Howard F. Marks, Jr., M.D. 
^ape rear Memorial Hospital v. Department of Human Resources 93 DHR 1552 Reilly 



93 DHR 0973 


Morrison 


03/08/94 


93 DHR 1344 


Gray 


04/28/94 


93 DHR 1549 


Bee ton 


07/13/94 


93 DHR 1707 


Nesnow 


03/22/94 


93 DHR 1787 


Nesnow 


03/14/94 


93 DHR 1797 


Nesnow 


03/21/94 


94 DHR 0106 


Nesnow 


06/29/94 


94 DHR 0119 


Reilly 


06/30/94 


94 DHR 0168 


Nesnow 


03/23/94 


94 DHR 0453 


Mann 


09/23/94 


94 DHR 0615 


Morrison 


11/17/94 


94 DHR 0944 


Chess 


11/16/94 


94 DHR 1084 


West 


02/20/95 



93 DHR 0391 


Morgan 


08/11/94 


93 DHR 0805 


Reilly 


03/11/94 


93 DHR 0935 


Gray 


05/23/94 


93 DHR 1381 


Gray 


04/15/94 


94 DHR 0430 


Gray 


09/29/94 


94 DHR 0559 


Chess 


08/25/94 


94 DHR 0830 


Gray 


11/28/94 


94 DHR 1527 


Gray 


01/04/95 



93 DHR 0746 Morgan 04/11/94 



08/15/94 



9:3 NCR 



214 



:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2195 



CONTESTED CASE DECISIONS 



a<;kncv 



Angel Community Hospital, Inc. v. DHR, Div. of Facility Svcs., Cert./ 
Need Section, and Britthaven, Inc., d/b/a Brittha'en of Franklin 

The Carrolton of Fayetteville, Inc. v. Department of Human Resources 
and 

Highland House of Btyetteville, Inc. & Richaid R. Allen Sr. v. DHR 

The Carrolton of Fayetteville, Inc. v. Department of Human Resources 
and 

Highland House of Fayetteville, Inc. & Richard R. Allen Sr. v. DHR 

ABC Home Health Services, Inc. v. Human Resources, Div. of Facility 
Services, Certificate of Need Section v. Meeklenbuig Home Health, In 
d/b/a Home Health Professionals of Guilford 

Professional Nursing Services, Inc. and Betty Wallace v. Certificate of 
Need Section, Div. of Facility Services, Human Resources 

and 
Duplin Home Care & Hospice, Inc.; Hometown Hospice, Inc.; Craven County 
Health Dept. Home Health-Hospice Agency; Hospice of Pamlico County, 
Inc.; Hospice of Carteret County; and Comprehensive Home Health Care I, Inc 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 DHR 0146 


West 


10/21/94 


94 DHR 0197* 5 


Morgan 


08/11/94 


94 DHR 0198* 5 


Morgan 


08/11/94 


94 DHR 0254 


Morrison 


11/17/94 


94 DHR 0609 


West 


11/21/94 



PUBLISHED DECISION 
REGISTER CITATION 



Licensure Section 

Gary C Griggs v. DHR, Div of Facility Services, Licensure Section 94 DHR 0517 Chess 12/01/94 

Rosemary Dupe Buckner Eregie v. DHR, Div of Facility Svcs., Lie, Sec. 94 DHR 0582 Morrison 02/06/95 

Division of Medical Assistance 



J.R., by and through her agent & Personal Rep., Hank Neal v. DHR 
N.R. by & through her agt & personal rep E.C.J, v. DHR, Medical Assis. 
David Yott v. Department of Human Resources 

Iredell Memorial Hospital, Inc. v. DHR, Division of Medical Assistance 
Sampson County Memorial Hospital v. DHR, Div of Medical Assistance 
Division of Medical Assistance v. Catawba Cty Dept. of Social Services 
Lu Ann Leidy, MD/Dorothea Dix Hosp. Child & Youth v. Medical Assis. 



93 DHR 0528 


Gray 


04/27/94 


93 DHR 0538 


Chess 


07/01/94 


93 DHR 1113 


Gray 


04/05/94 


93 DHR 1248 


Chess 


01/09/95 


93 DHR 1760 


West 


09/07/94 


93 DHR 1778 


West 


03/04/94 


94 DHR 0448 


Chess 


06/21/94 



Division of Social Services 



Evelyn Moore v. Department of Human Resources 

Nathaniel Harrell, Annie Harrell v. Department of Social Services 

Betty Snipes v. Person County Department of Social Services 

Robert and Carolyn McLean v. Guilford County Dept. of Social Services 



94 DHR 0293 


Reilly 


04/15/94 


94 DHR 0440 


Gray 


06/27/94 


94 DHR 1061 


Gray 


12/16/94 


94 DHR 1294 


Bee ton 


02/08/95 



Child Support Enforcement Section 



Alfred Bennett v. Department of Human Resources 
Shelton Staples v. Department of Human Resources 
Helen Lee Harvell Jones v. Department of Human Resources 
Dalton Felton Sr. v. Department of Human Resources 
Colty S. Hughes v. Department of Human Resources 
Gary Eugene Honeycutt v. Department of Human Resources 
Vicki C. Conn v. Department of Human Resources 
John R. Lossiah v. Department of Human Resources 
Melvin L. Miller Sr. v. Department of Human Resources 
Robert L. Hicks v. Department of Human Resources 
Thomas Sadler v. Department of Human Resources 
Nancy Richardson v. Department of Human Resources 
Frederick C. Burdick Jr. v. Department of Human Resources 
Gibril M. Sabally v. Department of Human Resources 
Dairy 1 D. Leedy v. Department of Human Resources 
David M. Fogleman Jr. v. Department of Human Resources 
William Heckstall v. Department of Human Resources 
Luther Hatcher v. Department of Human Resources 
Bryan Jeffrey Cole v. Department of Human Resources 
Anthony E. Bullard v. Department of Human Resources 
Donald E. Height v. Department of Human Resources 
Dexter L. Chambers v. Department of Human Resources 
Ronald E. Johnson v. Department of Human Resources 
Roger Moore v. Department of Human Resources 
Alvin Lee Martin v. Department of Human Resources 
James J. Malloy v. Department of Human Resources 



90 CSE 1146 


Morgan 


08/11/94 


91 CSE 0660 


Morgan 


08/11/94 


91 CSE 1183 


Morgan 


08/11/94 


92 CSE 0532 


Morgan 


07/13/94 


92 CSE 1199 


Morgan 


08/10/94 


92 CSE 1207 


Morgan 


08/10/94 


92 CSE 1268 


Morgan 


08/10/94 


92 CSE 1345 


Mann 


10/13/94 


92 CSE 1372 


Morgan 


08/10/94 


92 CSE 1591 


Morgan 


08/10/94 


92 CSE 1739 


Bee ton 


10/18/94 


93 CSE 0180 


Chess 


11/22/94 


93 CSE 0227 


Mann 


11/09/94 


93 CSE 0541 


Mann 


02/27/95 


93 CSE 0591 


Morgan 


08/11/94 


93 CSE 1074 


Mann 


10/10/94 


93 CSE 1077 


Reilly 


03/14/94 


93 CSE 1082 


Mann 


05/24/94 


93 CSE 1091 


Bee ton 


03/30/94 


93 CSE 1094 


Nesnow 


06/13/94 


93 CSE 1110 


Morgan 


08/11/94 


93 CSE 1124 


West 


03/28/94 


93 CSE 1125 


Bee ton 


03/30/94 


93 CSE 1127 


Bee ton 


04/14/94 


93 CSE 1 128 


Nesnow 


04/04/94 


93 CSE 1132 


Gray 


10/03/94 



2196 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



CONTESTED CASE DECISIONS 



AGENCY 



Robert Young v. Department of Human Resources 

Henry M. Dillard v. Department of Human Resources 

Vernon Byrd v. Department of Human Resources 

Sherman E. Ames v. Department of Human Resources 

Antonio Townsend v. Department of Human Resources 

Keith M. Gray v. Department of Human Resources 

Troy E. Pinkney v. Department of Human Resources 

Anthony A. Macon v. Department of Human Resources 

Walter Lee Corbett v. Department of Human Resources 

Joseph E- Kemstine v. Department of Human Resources 

Alvin M. Davis v. Department of Human Resources 

Thomas M. Birdwell ID v. Department of Human Resources 

Joe Louis Mayo v. Department of Human Resources 

Bobby Lewis Smith v. Department of Human Resources 

Edward Fitch v. Department of Human Resources 

Lawrence D. Dean v. Department of Human Resources 

Louis C. Cade v. Department of Human Resources 

Richard J. Swarm v. Department of Human Resources 

Nash Andrew Newsome v. Department of Human Resources 

James E. Watson v. Department of Human Resources 

Robert Lee Barrett v. Department of Human Resources 

Anthony Raynor Sr. v. Department of Human Resources 

Betty A. Williams, Fred E. Jones v. Department of Human Resources 

Quinton Brickhouse v. Department of Human Resources 

Jeff A. Taylor v. Department of Human Resources 

Eric G. Sykes v. Department of Human Resources 

John Hagins v. Department of Human Resources 

Terrence D. Timmons v. Department of Human Resources 

Howard Vernon Adams v. Department of Human Resources 

Ray A. Johnstone v. Department of Human Resources 

Morris Ray Bethel v. Department of Human Resources 

William James Freeman v. Department of Human Resources 

Willie C. Hollis v. Department of Human Resources 

Edward Boggan v. Department of Human Resources 

Raymond Junior Cagle v. Department of Human Resources 

Ernest N. Pruitt Jr. v. Department of Human Resources 

Michael P. McCay v. Department of Human Resources 

Robert Matthew Rossi v. Department of Human Resources 

Bernadetfe Cook v. Department of Human Resources 

Rawan Weigel v. Department of Human Resources 

Lem Person v. Department of Human Resources 

Bobby Lee McCulIers Jr. v. Department of Human Resources 

Randall R. Rhodes v. Department of Human Resources 

Glen Nelson Washington v. Department of Human Resources 

Michael V. Dockery v. Department of Human Resources 

Robert Corley Jr. v. Department of Human Resources 

Floyd E. Bailey v. Department of Human Resources 

Dennis W. Nolan v. Department of Human Resources 

Robert Calvin Connor v. Department of Human Resources 

James D. Williams v. Department of Human Resources 

Mahalon Eugene White v. Department of Human Resources 

Marty Franzen v. Department of Human Resources 

Vaughn D. Pearsall v. Department of Human Resources 

Gerald L. Murrell v. Department of Human Resources 

Larry D. Dawson v. Department of Human Resources 

McDaniel Teeter Jr. v. Department of Human Resources 

King D. Graham v. Department of Human Resources 

Brian C. Carelock v. Department of Human Resources 

Bradford C. Lewis v. Department of Human Resources 

Derek Watson v. Department of Human Resources 

-uther Borden v. Department of Human Resources 

Walter B. Lester v. Department of Human Resources 

Gilbert E. Anderson v. Department of Human Resources 

David H. Johnson v. Department of Human Resources 

Villiam Earl Arrington v. Department of Human Resources 

Villiam K. Whisenant v. Department of Human Resources 

Curtis C. Osborne v. Department of Human Resources 

Stanley J. Forsack v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


93CSE 1133 


Reilly 


04/18/94 


93 CSE 1135 


Nesnow 


06/13/94 


93 CSE 1136 


Bee ton 


08/22/94 


93 CSE 1137 


Chess 


11/09/94 


93 CSE 1139 


Bee ton 


03/30/94 


93 CSE 1 140 


Nesnow 


06/28/94 


93 CSE 1 148 


Mann 


03/29/94 


93 CSE 1149 


Gray 


04/26/94 


93 CSE 1150 


Reilly 


03/30/94 


93 CSE 1151 


Morgan 


07/15/94 


93 CSE 1 152 


Morgan 


08/04/94 


93 CSE 1155 


Morgan 


08/02/94 


93 CSE 1161 


West 


04/19/94 


93 CSE 1 162 


Nesnow 


06/16/94 


93 CSE 1163 


Mann 


02/28/95 


93 CSE 1165 


Gray 


10/27/94 


93 CSE 1166 


Morrison 


06/16/94 


93 CSE 1167 


Reilly 


06/17/94 


93 CSE 1170 


Mann 


03/17/94 


93 CSE 1171 


Gray 


04/26/94 


93 CSE 1172 


Morrison 


04/20/94 


93 CSE 1173 


Morrison 


10/27/94 


93 CSE 1178 


Nesnow 


04/20/94 


93 CSE 1179 


Gray 


01/05/95 


93 CSE 1180 


Morgan 


07/15/94 


93 CSE 1181 


Bee ton 


04/20/94 


93 CSE 1182 


Mann 


11/14/94 


93 CSE 1183 


Bee ton 


10/11/94 


93 CSE 1184 


Chess 


12/27/94 


93 CSE 1186 


Morrison 


10/03/94 


93 CSE 1188 


West 


07/11/94 


93 CSE 1190 


Mann 


01/17/95 


93 CSE 1191 


Bee ton 


05/09/94 


93 CSE 1 192 


Chess 


09/01/94 


93 CSE 1194 


Morrison 


10/03/94 


93 CSE 1197 


Nesnow 


06/28/94 


93 CSE 1198 


Morgan 


08/02/94 


93 CSE 1199 


Beaton 


08/22/94 


93 CSE 1202 


Gray 


04/27/94 


93 CSE 1212 


Gray 


08/26/94 


93 CSE 1214 


Morrison 


06/16/94 


93 CSE 1215 


Reilly 


06/17/94 


93 CSE 1219 


Nesnow 


06/16/94 


93 CSE 1221 


Morgan 


08/02/94 


93 CSE 1222 


Morgan 


07/15/94 


93 CSE 1225 


Chess 


10/05/94 


93 CSE 1227 


Mann 


07/07/94 


93 CSE 1254 


Morrison 


04/27/94 


93 CSE 1258 


West 


04/19/94 


93 CSE 1259 


West 


04/19/94 


93 CSE 1261 


Nesnow 


08/22/94 


93 CSE 1264 


Morgan 


07/15/94 


93 CSE 1267 


Bee ton 


04/20/94 


93 CSE 1271 


Gray 


08/26/94 


93 CSE 1273 


Morrison 


07/07/94 


93 CSE 1274 


Morrison 


06/30/94 


93 CSE 1275 


Bee ton 


05/18/94 


93 CSE 1276 


Mann 


10/13/94 


93 CSE 1278 


Mann 


10/13/94 


93 CSE 1283 


Reilly 


06/30/94 


93 CSE 1284 


West 


06/23/94 


93 CSE 1287 


Nesnow 


06/28/94 


93 CSE 1288 


Nesnow 


10/12/94 


93 CSE 1289 


Mann 


10/14/94 


93 CSE 1290 


Mann 


10/14/94 


93 CSE 1291 


Bee ton 


08/22/94 


93 CSE 1299 


Gray 


09/19/94 


93 CSE 1301 


Morrison 


08/23/94 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2197 



CONTESTED CASE DECISIONS 



AGENCY 



Larry Cornelius Smith v. Department of Human Resources 
Robert C. Lee Jr. v. Department of Human Resources 
Sidney Ray Tuggle Jr. v. Department of Human Resources 
Michael A. Amos v. Department of Human Resources 
Reginald Eugene Hill v. Department of Human Resources 
Jimmy C. Harvell v. Department of Human Resources 
John Edward Tannehill v. Department of Human Resources 
Benjamin MeCormick v. Department of Human Resources 
Steven Connet v. Department of Human Resources 
Gregory N. Winley v. Department of Human Resources 
Ronald Brown v. Department of Human Resources 
David L. Hill v. Department of Human Resources 
Ronald Fred Metzger v. Department of Human Resources 
James L. Phillips v. Department of Human Resources 
John D. Bryant v. Department of Human Resources 
George Aaron Collins v. Department of Human Resources 
Ricky Glenn Mabe v. Department of Human Resources 
Samuel L. Dodd v. Department of Human Resources 
James W. Smith v. Department of Human Resources 
William A. Sellers v. Department of Human Resources 
Jerry Mclver v. Department of Human Resources 
Johnny B. Little v. Department of Human Resources 
Kenneth W. Cooper v. Department of Human Resources 
Nathan D. Winston v. Department of Human Resources 
Bobby Charles Coleman v. Department of Human Resources 
Anthony Curry v. Department of Human Resources 
Laura J. KJipp v. Department of Human Resources 
Charles W. Norwood Jr. v. Department of Human Resources 
David L. Terry v. Department of Human Resources 
Audwin Lindsay v. Department of Human Resources 
Steven A. Elmquist v. Department of Human Resources 
Kelvin Dean Jackson v. Department of Human Resources 
Jerry R. Gibson v. Department of Human Resources 
Melvin Lewis Griffin v. Department of Human Resources 
Dennis E. Fountain Jr. v. Department of Human Resources 
Mark E. Rogers v. Department of Human Resources 
Daniel J. McDowell v. Department of Human Resources 
Edna VonCannon v. Department of Human Resources 
Darron J. Roberts v. Department of Human Resources 
Ephrom Sparkman Jr. v. Department of Human Resources 
Alton W. Ivey v. Department of Human Resources 
Terry James Carothers v. Department of Human Resources 
Terrance Freeman v. Department of Human Resources 
Thomas A. Ayers v. Department of Human Resources 
Daniel Thomas Hefele v. Department of Human Resources 
Gilbert J. Gutierrez v. Department of Human Resources 
Alton D. Johnson v. Department of Human Resources 
Darryl C. Thompson v. Department of Human Resources 
Jeffery E. Holley v. Department of Human Resources 
Chester Sanders v. Department of Human Resources 
Rodney Guylon v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Donald W. Clark v. Department of Human Resources 
William E. David Jr. v. Department of Human Resources 
Arthur Lee Carter v. Department of Human Resources 
Frank Reiff v. Department of Human Resources 
Milburn Ray Burton v. Department of Human Resources 
John J. Gabriel v. Department of Human Resources 
Robert Hayes v. Department of Human Resources 
Donald Ray Copeland v. Department of Human Resources 
Clark Anthony Bryant v. Department of Human Resources 
Timothy D. Evans v. Department of Human Resources 
Billy Edward Smith v. Department of Human Resources 
Allen D. Terrell v. Department of Human Resources 
Ray C. Moses v. Department of Human Resources 
Mickey Bridget! v. Department of Human Resources 
Steven W. Tallent v. Department of Human Resources 
Stephen L. Brown v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


93 CSE 1302 


Morrison 


06/30/94 


93 CSE 1303 


Reilly 


06/30/94 


93 CSE 1307 


West 


04/25/94 


93 CSE 1308 


West 


07/15/94 


93 CSE 1309 


West 


10/06/94 


93 CSE 1310 


Nesnow 


10/27/94 


93 CSE 1312 


Nesnow 


10/03/94 


93 CSE 1313 


Morgan 


08/02/94 


93 CSE 1315 


Mann 


10/14/94 


93 CSE 1316 


Bee ton 


06/14/94 


93 CSE 1318 


Bee ton 


06/29/94 


93 CSE 1320 


Chess 


11/08/94 


93 CSE 1323 


Mann 


09/26/94 


93 CSE 1326 


Reilly 


06/17/94 


93 CSE 1327 


Reilly 


10/27/94 


93 CSE 1331 


West 


04/25/94 


93 CSE 1356 


Mann 


09/26/94 


93 CSE 1357 


Gray 


03/31/94 


93 CSE 1358 


Gray 


08/26/94 


93 CSE 1359 


Morrison 


04/20/94 


93 CSE 1362 


Reilly 


06/30/94 


93 CSE 1363 


West 


06/23/94 


93 CSE 1364 


West 


04/27/94 


93 CSE 1365 


Nesnow 


07/07/94 


93 CSE 1368 


Morgan 


08/02/94 


93 CSE 1371 


Chess 


08/18/94 


93 CSE 1383 


Chess 


01/12/95 


93 CSE 1385 


West 


06/13/94 


93 CSE 1386 


Mann 


05/18/94 


93 CSE 1390 


Morrison 


07/15/94 


93 CSE 1392 


Reilly 


04/29/94 


93 CSE 1394 


West 


06/13/94 


93 CSE 1411 


Nesnow 


08/24/94 


93 CSE 1412 


Morgan 


08/02/94 


93 CSE 1414 


Chess 


05/13/94 


93 CSE 1415 


Mann 


05/03/94 


93 CSE 1416 


Gray 


09/19/94 


93 CSE 1417 


Morrison 


06/14/94 


93 CSE 1419 


West 


08/23/94 


93 CSE 1422 


Morgan 


08/04/94 


93 CSE 1426 


Mann 


11/18/94 


93 CSE 1428 


Gray 


10/26/94 


93 CSE 1430 


Gray 


12/14/94 


93 CSE 1431 


Morrison 


06/30/94 


93 CSE 1432 


Morrison 


04/28/94 


93 CSE 1433 


Morrison 


05/13/94 


93 CSE 1434 


Reilly 


04/29/94 


93 CSE 1435 


Reilly 


06/30/94 


93 CSE 1436 


Reilly 


08/23/94 


93 CSE 1437 


West 


04/19/94 


93 CSE 1439 


West 


04/21/94 


93 CSE 1440 


Nesnow 


08/31/94 


93 CSE 1441 


Nesnow 


05/13/94 


93 CSE 1442 


Nesnow 


05/02/94 


93 CSE 1445 


Morgan 


08/10/94 


93 CSE 1448 


Becton 


08/22/94 


93 CSE 1449 


Chess 


11/29/94 


93 CSE 1452 


Chess 


05/16/94 


93 CSE 1453 


Mann 


07/07/94 


93 CSE 1454 


Mann 


10/10/94 


93 CSE 1455 


Gray 


06/30/94 


93 CSE 1460 


Reilly 


04/28/94 


93 CSE 1461 


West 


04/19/94 


93 CSE 1463 


Nesnow 


05/02/94 


93 CSE 1464 


Nesnow 


04/28/94 


93 CSE 1468 


Becton 


05/24/94 


93 CSE 1469 


Chess 


01/05/95 


93 CSE 1470 


Chess 


09/27/94 



PUBLISHED DECISION 
REGISTER CITATION 



2198 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



CONTESTED CASE DECISIONS 



AGENCY 



David Beduhn v. Department of Human Resources 
Bart Ransom v. Department of Human Resources 
William H. Simpson Sr. v. Department of Human Resources 
Clarence J. Galling Jr. v. Department of Human Resources 
James D. McCIure Jr. v. Department of Human Resources 
Timothy E. Stotlar v. Department of Human Resources 
Christopher Ivan Smith v. Department of Human Resources 
Douglas L. Cherrix v. Department of Human Resources 
Billy L. Sneed v. Department of Human Resources 
Dwayne Lamont Thompson v. Department of Human Resources 
Michael Edwin Smith v. Department of Human Resources 
Horace Lee Bass v. Department of Human Resources 
Michael Wilder v. Department of Human Resources 
William Howard Wright v. Department of Human Resources 
James A. Cephas v. Department of Human Resources 
Edward E. Furr v. Department of Human Resources 
James Hunsaker v. Department of Human Resources 
James W. Ragsdale v. Department of Human Resources 
Charles Henderson v. Department of Human Resources 
William J. Blackwell v. Department of Human Resources 
Mark E. Campbell v. Department of Human Resources 
Vernon Lamont Weaver v. Department of Human Resources 
Jesse B. McAfee v. Department of Human Resources 
William Ellis v. Department of Human Resources 
Henry A. Harriel Jr. v. Department of Human Resources 
John H. Fortner Jr. v. Department of Human Resources 
Mike Johnson v. Department of Human Resources 
Carl E. Crump v. Department of Human Resources 
Herman F. Jacobs Jr. v. Department of Human Resources 
Barriet Easterling v. Department of Human Resources 
Dorsey L. Johnson v. Department of Human Resources 
Wade A. Burgess v. Department of Human Resources 
Billy Dale Beaney v. Department of Human Resources 
Gregory Harrell v. Department of Human Resources 
James E. Wiggins Sr. v. Department of Human Resources 
Tony A. Draughon v. Department of Human Resources 
Gregory L. Rimmer v. Department of Human Resources 
Ruben Jonathan Bostillo v. Department of Human Resources 
Timothy J. Jones v. Department of Human Resources 
Randall E. Hunter v. Department of Human Resources 
Cyrus R. Luallen v. Department of Human Resources 
Willie Hawkins v. Department of Human Resources 
B.A. Sellen v. Department of Human Resources 
John P. Vadas v. Department of Human Resources 
Gary T. Hudson v. Department of Human Resources 
Alton E. Simpson Jr. v. Department of Human Resources 
Johnny T. Usher v. Department of Human Resources 
Tim H. Maxwell v. Department of Human Resources 
Charles Darrell Matthews v. Department of Human Resources 
John William Vance Jr. v. Department of Human Resources 
Bobby R. Sanders v. Department of Human Resources 
Michael S. Rhynes v. Department of Human Resources 
Gerry Bernard Whitfield v. Department of Human Resources 
Denise L. Smith v. Department of Human Resources 
Brian Gilmore v. Department of Human Resources 
Jesse Jeremy Bullock v. Department of Human Resources 
Jeffrey Alston v. Department of Human Resources 
Ronald E. Loweke v. Department of Human Resources 
Robert D. Parker v. Department of Human Resources 
Charles F. McKirahan Jr. v. Department of Human Resources 
Bennie E. Hicks v. Department of Human Resources 
Herbert Council v. Department of Human Resources 
Richard Rachel v. Department of Human Resources 
Alan V. Teubert v. Department of Human Resources 
Henry L. Ward Jr. v. Department of Human Resources 
June V. Pettus v. Department of Human Resources 
Benjamin J. Stroud v. Department of Human Resources 
Charles Leonard Fletcher v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


93 CSE 1494 


Gray 


08/30/94 


93 CSE 1495 


Morrison 


04/29/94 


93 CSE 1497 


West 


04/19/94 


93 CSE 1499 


Morgan 


08/02/94 


93 CSE 1500 


Bee ton 


05/13/94 


93 CSE 1504 


Mann 


11/18/94 


93 CSE 1510 


Gray 


07/07/94 


93 CSE 1512 


Gray 


05/13/94 


93 CSE 1514 


Gray 


12/14/94 


93 CSE 1515 


Morrison 


04/21/94 


93 CSE 1517 


Morrison 


08/26/94 


93 CSE 1520 


Morrison 


05/13/94 


93 CSE 1521 


Reilly 


04/28/94 


93 CSE 1522 


Reilly 


08/26/94 


93 CSE 1523 


Reilly 


05/13/94 


93 CSE 1524 


Reilly 


06/17/94 


93 CSE 1526 


Chess 


11/08/94 


93 CSE 1528 


Reilly 


10/12/94 


93 CSE 1532 


West 


01/31/95 


93 CSE 1536 


Nesnow 


02/28/95 


93 CSE 1537 


Nesnow 


05/19/94 


93 CSE 1538 


Nesnow 


09/23/94 


93 CSE 1539 


Nesnow 


09/26/94 


93 CSE 1540 


Morgan 


08/02/94 


93 CSE 1541 


Morgan 


08/04/94 


93 CSE 1542 


Morgan 


08/02/94 


93 CSE 1544 


Morgan 


08/04/94 


93 CSE 1545 


Bee ton 


09/23/94 


93 CSE 1557 


Chess 


09/27/94 


93 CSE 1560 


Mann 


05/18/94 


93 CSE 1565 


Gray 


09/19/94 


93 CSE 1568 


Morrison 


04/28/94 


93 CSE 1569 


Morrison 


05/13/94 


93 CSE 1570 


Morrison 


08/26/94 


93 CSE 1571 


Morrison 


05/13/94 


93 CSE 1572 


Reilly 


07/07/94 


93 CSE 1573 


Reilly 


09/23/94 


93 CSE 1574 


Reilly 


09/01/94 


93 CSE 1576 


West 


04/19/94 


93 CSE 1579 


West 


04/19/94 


93 CSE 1583 


Nesnow 


06/16/94 


93 CSE 1585 


Morgan 


08/02/94 


93 CSE 1586 


Morgan 


08/02/94 


93 CSE 1589 


Bee ton 


11/08/94 


93 CSE 1590 


Beeton 


09/23/94 


93 CSE 1591 


Bee ton 


04/20/94 


93 CSE 1592 


Chess 


05/19/94 


93 CSE 1594 


Chess 


06/30/94 


93 CSE 1596 


West 


06/13/94 


93 CSE 1597 


Beeton 


05/13/94 


93 CSE 1598 


Nesnow 


07/25/94 


93 CSE 1599 


Nesnow 


06/30/94 


93 CSE 1601 


Gray 


10/14/94 


93 CSE 1603 


Chess 


08/18/94 


93 CSE 1615 


Chess 


05/13/94 


93 CSE 1632 


Morrison 


06/14/94 


93 CSE 1634 


Morrison 


09/28/94 


93 CSE 1635 


Reilly 


06/17/94 


93 CSE 1637 


Reilly 


06/29/94 


93 CSE 1640 


West 


06/14/94 


93 CSE 1641 


Nesnow 


07/25/94 


93 CSE 1643 


Nesnow 


07/25/94 


93 CSE 1644 


Morgan 


08/02/94 


93 CSE 1645 


Morgan 


08/10/94 


93 CSE 1646 


Morgan 


08/02/94 


93 CSE 1647 


Beeton 


10/31/94 


93 CSE 1648 


Beeton 


05/19/94 


93 CSE 1649 


Beeton 


07/20/94 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2199 



CONTESTED CASE DECISIONS 



AGENCY 



Arthur Glen Long v. Department of Human Resources 
Tony A. Miles v. Department of Human Resources 
Dwayne L. Allen v. Department of Human Resources 
Earl Newkirk Jr. v. Department of Human Resources 
Reginald Rorie v. Department of Human Resources 
James Edward Penley v. Department of Human Resources 
Joe C. Dean v. Department of Human Resources 
Vernon Bullock v. Department of Human Resources 
Nathaniel L. Hayes v. Department of Human Resources 
Jessie Liles v. Department of Human Resources 
Raymond Scott Eaton v. Department of Human Resources 
Karen M. Slogner v. Department of Human Resources 
Nelson Fowler Jr. v. Department of Human Resources 
Royston D. Blandfbrd III v. Department of Human Resources 
Kenneth B. Taylor v. Department of Human Resources 
Jeffrey S. Anderson v. Department of Human Resources 
Ronald Envin Williams v. Department of Human Resources 
Michael L. Franks v. Department of Human Resources 
Donnie W. Craghead v. Department of Human Resources 
Billy D. Gibson v. Department of Human Resources 
Ronald Garrett v. Department of Human Resources 
Ervin C. Harvey v. Department of Human Resources 
Wanda Jean Lee Daniels v. Department of Human Resources 
Charles E. Colston v. Department of Human Resources 
Daron Wayne Smith v. Department of Human Resources 
Maurice Franks v. Department of Human Resources 
John D. Melton v. Department of Human Resources 
Michael Lynn Jones v. Department of Human Resources 
Dennis Kearney v. Department of Human Resources 
Grayson Kelly Jones v. Department of Human Resources 
Larry Hayes v. Department of Human Resources 
Richard Eugene Dunn v. Department of Human Resources 
Warren F. Welch v. Department of Human Resources 
Donas Lynn McDowell v. Department of Human Resources 
Timothy R. Abraham v. Department of Human Resources 
Haywood C Davis v. Department of Human Resources 
Fred Thompson Jr. v. Department of Human Resources 
Donell Howard v. Department of Human Resources 
Lee Johnson Tillman v. Department of Human Resources 
Haywood C. Davis v. Department of Human Resources 
Reginald Jordan v. Department of Human Resources 
Ernest F. Andrews V. Department of Human Resources 
Larry Ray v. Department of Human Resources 
Ricky Bynum v. Department of Human Resources 
Ernest H. Richardson v. Department of Human Resources 
Bart Williams v. Department of Human Resources 
Michael A. Wilder v. Department of Human Resources 
Russell Pearson v. Department of Human Resources 
Charles R. Toler v. Department of Human Resources 
Richard D. Rhodes v. Department of Human Resources 
Jasper L. Smallwood v. Department of Human Resources 
Jubal Ben Stephenson v. Department of Human Resources 
Roberto I. Costillo v. Department of Human Resources 
Dennis F. Crane Jr. v. Department of Human Resources 
Sean P. Burke v. Department of Human Resources 
John S. Gbozah v. Department of Human Resources 
James A. Simmons v. Department of Human Resources 
Leon Tanner v. Department of Human Resources 
Brian A. Wade v. Department of Human Resources 
Edgar K. Dutch, Sr. v. Department of Human Resources 
Richard Clifton Bayse v. Department of Human Resources 
Bryan Trevor Lyons v. Department of Human Resources 
Colon E. Jones v. Department of Human Resources 
Sean Eric Swain v. Department of Human Resources 
Roy C. Bryant V. Department of Human Resources 
Quinton Brickhouse v. Department of Human Resources 
Carl Bernard Falls v. Department of Human Resources 
Timothy A. Ratley (Jeanes) v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


93 CSE 1650 


Chess 


12/05/94 


93 CSE 1654 


Mann 


05/24/94 


93 CSE 1655 


Mann 


05/17/94 


93 CSE 1680 


Morrison 


08/26/94 


93 CSE 1683 


Gray 


10/14/94 


93 CSE 1714 


Mann 


09/26/94 


93 CSE 1715 


Gray 


05/23/94 


93 CSE 1743 


Ncsnow 


07/07/94 


93 CSE 1749 


Nesnow 


11/09/94 


93 CSE 1757 


Morgan 


08/02/94 


93 CSE 1761 


Bee ton 


06/29/94 


93 CSE 1785 


Chess 


11/08/94 


94 CSE 0039 


Mann 


10/10/94 


94 CSE 0095 


West 


04/19/94 


94 CSE 01 13 


Becton 


10/11/94 


94 CSE 0114 


Chess 


11/04/94 


94 CSE 0141 


Becton 


09/23/94 


94 CSE 0142 


Chess 


08/16/94 


94 CSE 0163 


Mann 


09/26/94 


94 CSE 0166 


Mann 


09/26/94 


94 CSE 0227 


Reilly 


08/22/94 


94 CSE 0247 


Becton 


08/22/94 


94 CSE 0266 


Morgan 


08/02/94 


94 CSE 0280 


Reilly 


08/30/94 


94 CSE 0300 


Gray 


06/27/94 


94 CSE 0310 


West 


10/27/94 


94 CSE 0324 


Nesnow 


07/25/94 


94 CSE 0402 


Morgan 


08/02/94 


94 CSE 0411 


Becton 


12/13/94 


94 CSE 0433 


West 


09/15/94 


94 CSE 0456 


Nesnow 


08/22/94 


94 CSE 0494 


West 


07/29/94 


94 CSE 0541 


Mann 


11/09/94 


94 CSE 0580 


Mann 


01/17/95 


94 CSE 0595 


Reilly 


10/12/94 


94 CSE 0596* 10 


Mann 


01/17/95 


94 CSE 0639 


Morrison 


08/31/94 


94 CSE 0672 


Reilly 


10/27/94 


94 CSE 0906 


West 


12/08/94 


94 CSE 0930*"' 


Mann 


01/17/95 


94 CSE 1078 


Nesnow 


02/02/95 


94 CSE 1079 


Chess 


12/29/94 


94 CSE 1090 


Reilly 


02/01/95 


94 CSE 1091 


West 


02/01/95 


94 CSE 1092 


Nesnow 


02/02/95 


94 CSE 1093 


Becton 


02/03/95 


94 CSE 1103 


Gray 


02/27/95 


94 CSE 1104 


Morrison 


01/06/95 


94 CSE 1105 


Reilly 


02/27/95 


94 CSE 1107 


Nesnow 


01/09/95 


94 CSE 1110 


Gray 


01/06/95 


94 CSE 1111 


Morrison 


02/27/95 


94 CSE 1115 


Becton 


02/28/95 


94 CSE 1117 


Gray 


02/27/95 


94 CSE 1120 


West 


02/27/95 


94 CSE 1121 


Nesnow 


02/27/95 


94 CSE 1 122 


Becton 


02/28/95 


94 CSE 1124 


Mann 


02/28/95 


94 CSE 1126 


Mann 


02/28/95 


94 CSE 1129 


Gray 


01/06/95 


94 CSE 1133 


Nesnow 


02/27/95 


94 CSE 1136 


Mann 


01/26/95 


94 CSE 1138 


Morrison 


02/27/95 


94 CSE 1139 


Reilly 


02/01/95 


94 CSE 1140 


West 


02/27/95 


94 CSE 1142 


Becton 


02/28/95 


94 CSE 1144 


Mann 


01/26/95 


94 CSE 1145 


Gray 


02/06/95 



2200 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



CONTESTED CASE DECISIONS 



AGENCY 



Franklin C. Rice v. Department of Human Resources 
Pervis Graham v. Department of Human Resources 
Kenneth A. Duhamel v. Department of Human Resources 
Russell M. Allen v. Department of Human Resources 
Kelly Coleman v. Department of Human Resources 
Daniel W. Myles v. Department of Human Resources 
Tawanna Wheeler v. Department of Human Resources 
Robert Junior Griffin v. Department of Human Resources 
Dale S. Barton v. Department of Human Resources 
Joe Martin Jr. v. Department of Human Resources 
William D. Scott v. Department of Human Resources 
Louis J. Chamblee v. Department of Human Resources 
Thomas J. Halsey v. Department of Human Resources 
Malcom K. Teague v. Department of Human Resources 
Kirby M. Snider v. Department of Human Resources 
Roy Morris Jr. v. Department of Human Resources 
Anthony J. Ceraso v. Department of Human Resources 
Reginald Vincent French v. Department of Human Resources 
Edward E. Furr v. Department of Human Resources 
Lanny R. Harner v. Department of Human Resources 
Michael J. Fkschall Sr. v. Department of Human Resources 
Todd McCorbin v. Department of Human Resources 
Larry Eugene Harbaugh v. Department of Human Resources 
Jerry McGIone v. Department of Human Resources 
Amos Sherman v. Department of Human Resources 
David A. Hill v. Department of Human Resources 
Gerald M. Harry v. Department of Human Resources 
Todd W. Lane v. Department of Human Resources 
Bonnie R. McKee v. Department of Human Resources 
Poland Reeves v. Department of Human Resources 
danuel E. DeJesus, Jr. v. Department of Human Resources 
i^aul R. Grayson v. Department of Human Resources 
Zalv'in Leon Shaw v. Department of Human Resources 
jivens Jackson v. Department of Human Resources 
Wolphus Laing v. Department of Human Resources 
Villie B. Walker Jr. v. Department of Human Resources 
Xirtis Smith Jr. v. Department of Human Resources 
lobert L. Rochelle v. Department of Human Resources 
Donald Fred Metzger v. Department of Human Resources 
)avid C. Riddle v. Department of Human Resources 
erome Maddox, Jr. v. Department of Human Resources 
bmmy Woods v. Department of Human Resources 
ames Sisk v. Department of Human Resources 
arry Pfau v. Department of Human Resources 
aynard C. Terry v. Department of Human Resources 
.eginald W. Taylor v. Department of Human Resources 
Jary G. Walker v. Department of Human Resources 
lijah J. Vaughan v. Department of Human Resources 
cott Barnard v. Department of Human Resources 
dward B. Stamey v. Department of Human Resources 
»anie L. Baker v. Department of Human Resources 
ierald L. Generette v. Department of Human Resources 
ine S. Stalcup v. Department of Human Resources 
arry G. Guthrie v. Department of Human Resources 
eorge H. Davis v. Department of Human Resources 
hristopher D. Scott v. Department of Human Resources 
mothy Russom v. Department of Human Resources 
ois M. Geibel v. Department of Human Resources 
avid C. Beduhn v. Department of Human Resources 
ul Horn, Jr. v. Department of Human Resources 

JSTICE 

Jarm Systems Licensing Board 

larm Systems Licensing Board v. George R Baker 
lomas G. Lewis v. Alarm Systems Licensing Board 
trick P. Sassman v. Alarm Systems Licensing Board 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


94CSE 1146 


Gray 


02/27/95 


94 CSE 1 147 


Reilly 


02/01/95 


94CSE 1151 


Chess 


02/14/95 


94 CSE 1152 


Mann 


01/26/95 


94 CSE 1154 


Morrison 


02/27/95 


94 CSE 1155 


Reilly 


02/27/95 


94 CSE 1159 


Chess 


02/07/95 


94 CSE 1162 


Morrison 


02/27/95 


94 CSE 1163 


Reilly 


02/09/95 


94 CSE 1164 


West 


02/27/95 


94 CSE 1165 


Nesnow 


02/27/95 


94 CSE 1166 


Becton 


02/03/95 


94 CSE 1181 


Chess 


02/14/95 


94 CSE 1183 


Chess 


02/07/95 


94 CSE 1187 


Mann 


01/26/95 


94 CSE 1190 


Reilly 


02/27/95 


94 CSE 1194 


Chess 


01/12/95 


94 CSE 1196 


Gray 


02/27/95 


94 CSE 1198 


Reilly 


02/27/95 


94 CSE 1201 


Becton 


02/03/95 


94 CSE 1215 


Mann 


01/30/95 


94 CSE 1216 


Mann 


02/28/95 


94 CSE 1223 


Morrison 


01/06/95 


94 CSE 1226 


Reilly 


01/06/95 


94 CSE 1227 


West 


01/10/95 


94 CSE 1234 


Becton 


02/03/95 


94 CSE 1240 


Gray 


02/17/95 


94 CSE 1252 


Reilly 


02/01/95 


94 CSE 1265 


Nesnow 


01/09/95 


94 CSE 1268 


Nesnow 


01/09/95 


94 CSE 1271 


Nesnow 


02/02/95 


94 CSE 1278 


Becton 


02/03/95 


94 CSE 1281 


Chess 


02/22/95 


94 CSE 1282 


Chess 


01/05/95 


94 CSE 1299 


Mann 


01/26/95 


94 CSE 1306 


Gray 


02/06/95 


94 CSE 1337 


Nesnow 


02/02/95 


94 CSE 1349 


Gray 


02/09/95 


94 CSE 1353 


Reilly 


02/01/95 


94 CSE 1367 


Chess 


01/12/95 


94 CSE 1368 


Chess 


01/25/95 


94 CSE 1374 


Gray 


02/06/95 


94 CSE 1375 


Morrison 


01/06/95 


94 CSE 1390 


Becton 


02/03/95 


94 CSE 1411 


Gray 


01/06/95 


94 CSE 1418 


Morrison 


01/06/95 


94 CSE 1422 


Reilly 


02/01/95 


94 CSE 1428 


West 


02/01/95 


94 CSE 1443 


Chess 


02/07/95 


94 CSE 1448 


West 


01/10/95 


94 CSE 1453 


West 


01/10/95 


94 CSE 1469 


Mann 


01/26/95 


94 CSE 1483 


Reilly 


02/01/95 


94 CSE 1540 


Reilly 


01/06/95 


94 CSE 1568 


Chess 


02/09/95 


94 CSE 1574 


West 


02/09/95 


94 CSE 1575 


West 


01/10/95 


94 CSE 1581 


Reilly 


01/06/95 


94 CSE 1613 


Chess 


02/22/95 


94 CSE 1614 


Chess 


02/07/95 



93 DOJ 0457 


Nesnow 


03/10/94 


94 DOJ 0361 


Nesnow 


02/24/95 


94 DOJ 0709 


Chess 


09/12/94 



l" 



NORTH CAROLINA REGISTER 



March 15, 1995 



2201 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Christopher Fate v. Alarm Systems Licensing Boaid 
Paul J. Allen v. Alarm Systems Licensing Board 

Private Protective Services Board 



94 DOJ 0710 
94 DOJ 0964 



Chess 
West 



09/12/94 
10/31/94 



Rex Allen Jefferies v. Private Protective Services Boaid 
Larry C. Hopkins v. Private Protective Services Board 
Gregory K. Brooks v. Private Protective Services Board 
Stephen M. Rose v. Private Protective Sen-ices Board 
Lemuel Lee Clark Jr. v. Private Protective Services Board 
Dexter R. Usher V. Private Protective Sen-ices Board 
Frankie L. McKoy v. Private Protective Services Board 
John F. Carmichael v. Private Protective Senices Board 
Michael L. Bonner v. Private Protective Senices Board 
Edward A. Maguire v. Private Protective Senices Board 
Johnny R. Dollar v. Private Protective Senices Board 
Bonita Nicole Hill v. Private Protective Senices Board 
Terry Suggs v. Private Protective Senices Board 
William E. Pendergrass v. Private Protective Senices Board 

Training and Standards Division 

Curtiss Lance Fbteat v. Criminal Justice Ed. & Training Stds. Comm. 
Willie David Moore v. Criminal Justice Ed. & Training Stds. Comm. 
Glenn Travis Stout v. Criminal Justice Ed. & Training Stds. Comm. 
Steven W. Wray v. Sheriffs* Education & Training Standards Comm. 
J. Stevan North v. Sheriffs' Education & Training Standards Comm. 
Gregory Blake Manning v. Criminal Justice Ed. & Training Stds. Comm. 
Russell Pinkelton Jr. v. Sheriffs' Education & Training Stds. Comm. 
William Franklin Sheetz v. Sheriffs* Education & Training Stds. Comm. 
James Buster Mullins v. Criminal Justice Ed. & Training Stds. Comm. 
James M. Buie v. Criminal Justice Ed. &. Training Stds. Comm. 
Burns E. Anderson v. Criminal Justice Ed. &. Training Stds. Comm. 
Nelson Falcon v. Sheriffs Education & Training Stds. Comm. 
Garron Rey Hschmann v. Criminal Justice Ed. & Training Stds. Comm. 
Edward M. Lefler v. Criminal Justice Ed. & Training Stds. Comm. 
Ralph E. Dent v. Criminal Justice Ed. & Training Stds. Comm. 



93 DOJ 0647 


Reilly 


08/01/94 


93 DOJ 1618 


Morrison 


03/07/94 


94 DOJ 0008 


Nesnow 


06/28/94 


94 DOJ 0359 


Nesnow 


05/19/94 


94 DOJ 0360 


Nesnow 


05/19/94 


94 DOJ 0648 


Reilly 


08/15/94 


94 DOJ 0706 


Chess 


09/09/94 


94 DOJ 0707 


West 


12/01/94 


94 DOJ 0794 


Morrison 


09/14/94 


94 DOJ 0795 


West 


12/09/94 


94 DOJ 0796 


Morrison 


08/24/94 


94 DOJ 1633 


Reilly 


02/21/95 


94 DOJ 1636 


Nesnow.' 


02/23/95 


95 DOJ 0019 


Reilly 


02/21/95 



93 DOJ 0231 


Chess 


03/28/94 


93 DOJ 1071 


Nesnow 


04/11/94 


93 DOJ 1409 


Gray 


03/03/94 


93 DOJ 1803 


Chess 


06/29/94 


94 DOJ 0040 


Chess 


06/16/94 


94 DOJ 0048 


Gray 


03/29/94 


94 DOJ 0118 


Gray 


08/10/94 


94 DOJ 0196 


Chess 


06/16/94 


94 DOJ 0321 


Gray 


02/15/95 


94 DOJ 0401 


Nesnow 


08/26/94 


94 DOJ 0574 


Bee ton 


10/04/94 


94 DOJ 0611 


Mann 


08/12/94 


94 DOJ 0742 


Nesnow 


02/09/95 


94 DOJ 0822 


Nesnow 


02/15/95 


94 DOJ 0902 


Mann 


01/05/95 



9:24 NCR 2221 



9:3 NCR 218 



9:15 NCR 1234 



LABOR 

Ken Harmon v. Labor, Elevator and Amusement Device Division 
Ronald D. Rumple v. Dept. of Labor, Wage &. Hour Division 

MORTUARY SCDZNCE 



93 DOL 1747 

94 DOL 0956 



Collier 
Reilly 



12/27/94 
11/01/94 



Mortuary Science v. Perry J. Brown, & Brown's Funeral Directors 
PUBLIC EDUCATION 



93 BMS 0532 Chess 



03/28/94 



Donna M. Yedowitz v. Charlotte-Mecklenburg Bd. of Education 
Christopher Murch as Guardian Ad Litem for Angela D. Mutch, a Minor 

v. Barbara Richardson, Admin. Except. Child. Prog.; Craven Cty School 

Sys.; Bradford L. Sneeden, Superintendent 
Nancy Watson v. Board of Education 
Janet L. Wilcox v. Carteret County Board of Education 
Annice Granville, Phillip J. Granville v. Onslow County Bd. of Education 
Donna M. Yedowitz v. Charlotte-Mecklenburg Bd. of Education 
Milt Sherman & Rose Marie Sherman v. Pitt County Board of Education 
Mary Ann Sciullo & Frank Sciullo on behalf of their minor child, 

Samuel W. Sciullo v. State Board of Education 
George W Stallings & Suzanne H. Stallings v. Charlotte-Mecklenburg 

Board of Education 
Wayne Hogwood v. Department of Public Instruction 
Norman Charles Creange v. State Bd. of Ed., Dept. of Public Instruction 
Donald L. Brickhouse v. Bertie County Schools 
Charlotte-Mecklenburg Board of Education v. Lemuel and Patricial Gray, 

as Parents of Tanya and Daniel Gray 



92 EDC 1432*^ 


Nesnow 


01/31/95 


93 EDC 0161 


Mann 


11/28/94 


93 EDC 0234 


Chess 


02/28/94 


93 EDC 0451 


Mann 


02/21/94 


93 EDC 0742 


Mann 


08/01/94 


93 EDC 1038* 12 


Nesnow 


01/31/95 


93 EDC 1617 


West 


11/29/94 


94 EDC 0044 


Gray 


07/22/94 


94 EDC 0326 


Mann 


01/05/95 


94 EDC 0653 


West 


10/20/94 


94 EDC 0737 


Morrison 


11/04/94 


94 EDC 1176 


Gray 


01/25/95 


94 EDC 1629 


Mann 


01/17/95 



9:2 NCR 108 
9:11 NCR 863 



9:16 NCR 1326 



2202 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



DATE OF 
ALJ DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



STATE HEALTH BENEFITS OFFICE 

Linda C. Campbell v. Teaches & St Emp Major Medical Plan 
Timothy L. Coggins v. Teachers' & St Emp Comp Major Med Plan 
Sandra Tatum v. Teachers & State Employees Comp Major Medical Plan 
P.H.B. v. Teacheis & State Employees Comp Major Medical Plan 

STATE PERSONNEL 

Michael L. K. Benson v. Office of State Personnel 

Department of Administration 

Delores Y. Bryant v. Department of Administration 
Delores Y. Bryant v. Department of Administration 
Delores Y. Bryant v. Department of Administration 

Agricultural and Technical State University 

Linda D. Williams v. Agricultural and Technical State University 
Juanita D. Murphy v. Agricultural and Technical State University 
Thomas M. Simpson v. Agricultural and Technical State University 
Peggy L. Cantrell v. A&T State University 
Priceila M. Curtis v. A&T State University Curriculum & Instruction 

Department of Agriculture 

Donald H. Crawford v. Department of Agricultuie 
Delores Y. Bryant v. Department of Agriculture 



93 INS 0410 


Bee ton 


04/22/94 






93 INS 0929 


Morrison 


03/04/94 






94 INS 0028 


Gray 


10/25/94 


9:16 NCR 


1331 


94 INS 0345 


Gray 


08/23/94 


9:12 NCR 


945 



93 OSP 1690 



94 OSP 0108 
94 OSP 0987 



NC School of the Arts 

Rick McCullough v. Search Comm School/Dance, NC School of the Arts 94 OSP 051 1 

Butner Adolescent Treatment Center 

Alvin Lamonte Breeden v. Butner Adolescent Treatment Center 

Catawba County 

Sandra J. Cunningham v. Catawba County 

North Carolina Central University 



94 OSP 0899 



93 OSP 1097 



Dianna Blackley v. North Carolina Central University 
Ha-Vilyah Ha-SheB v. NCCU 

Chapel Bill & Carrboro City School 

Brenda J. Parker v. Stella Nickerson, Chapel Hill & Carrboro City School 

Cherry Hospital 

Charles F. Fields v. Cherry Hospital 

Gail Marie Rodgers Lincoln v. Cherry Hospital, Goldsboro, NC 27530 

Department of Commerce 

Ruth Daniel-Perry v. Department of Commerce 
Delores Y. Bryant v. Department of Commerce 

Department of Correction 

Leland K. Williams v. Department of Correction 

ilroy Lewis v. North Central Area - Dept of Correction, Robert Lewis 

Steven R. Kellison v. Department of Correction 

3ert Esworthy v. Department of Correction 

fames J. Lewis v. Department of Correction 



89 OSP 0494 
93 OSP 0875 



94 OSP 0568 



94 OSP 0498 
94 OSP 0578 



93 OSP 0725 

94 OSP 0983 



Nesnow 



Reilly 
Gray 



West 



Nesnow 



Reilly 



Nesnow 
Bee ton 



West 



Morrison 
West 



Chess 
Gray 



08/23/94 



94 OSP 0988 


Gray 


01/26/95 


94 OSP 0989 


Gray 


01/26/95 


94 OSP 0990 


Gray 


01/26/95 



93 OSP 0089 


Chess 


03/23/94 


93 OSP 0708 


Morrison 


03/16/94 


93 OSP 1393 


Gray 


03/24/94 


93 OSP 1694 


Reilly 


01/06/95 


94 OSP 0748 


Gray 


08/17/94 



05/23/94 
01/25/95 



10/14/94 



10/12/94 



04/29/94 



09/14/94 
04/13/94 



10/06/94 



06/15/94 
10/07/94 



03/04/94 
02/01/95 



91 OSP 1287 


Chess 


02/22/94 


92 OSP 1770 


Bee ton 


05/24/94 


93 OSP 0283 


Chess 


06/15/94 


93 OSP 0711 


Chess 


04/21/94 


93 OSP 1121 


West 


08/31/94 



9:21 NCR 



1875 



9:4 NCR 



9:3 NCR 



291 



211 



9:1 NCR 



63 



9:6 NCR 



30? 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2203 



CONTESTED CASE DECISIONS 



AGENCY 



Mcrron Burrus v. Department of Correction 

Lewis Alsbrook v. Department of Correction, Morrison Youth Institution 

Junius C. Page v. Dept. of Correction, Secy. Franklin Freeman 

Grady Butler, Jr. v. Correction, Div./Prisons, Sampson Cty Ctl Laundry 

Richard Hopkins v. Department of Correction 

Alfred B. Hunt v. Department of Correction 

Charles Home v. Equal Emp. Opportunity Officer & Dept. of Correction 

Adrian E. Graham v. Intensive Probation/Rarole 

E. Wayne Irvin, D.D.S. v. Div. of Prisons, Department of Correction 

Thomas W. C res well, Lisa K. Bradley v. Department of Correction 

Thomas W. C res well, Lisa K. Bradley v. Department of Correction 

Barry Lee Clark v. Department of Correction 

Clyde M. Walker v. Department of Correction, Div. of Prisons 

Marietta A. Stancil v. Department of Correction 

Edward E. Hodge v. Department of Correction 

Phyllis K. Cameron v. Department of Correction 

Brenda Yvonne Ewell v. Department of Correction 

Dehra D. McKoy v. Department of Correction 

Richaid L. Pittman v. Department of Correction 

Eastern Correctional Institution 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


AU 


DECISION REGISTER CITATION 


93 OSP 1145 


West 


09/30/94 


93 OSP 1739 


West 


07/20/94 


93 OSP 1794 


Mann 


07/08/94 


93 OSP 1804 


West 


11/30/94 


94 OSP 0041 


Chess 


06/16/94 


94 OSP 0243 


Reilly 


04/20/94 


94 OSP 0244 


Nesnow 


06/16/94 


94 OSP 0261 


Morrison 


04/26/94 


94 OSP 0334 


Chess 


10/03/94 


94 OSP 0407** 


Chess 


09/28/94 


94 OSP 0408** 


Chess 


09/28/94 


94 OSP 0437 


Chess 


09/12/94 


94 OSP 0476 


West 


12/30/94 


94 OSP 0652 


West 


11/22/94 


94 OSP 0829 


Nesnow 


09/15/94 


94 OSP 0896 


Nesnow 


10/27/94 


94 OSP 0959 


Gray 


12/12/94 


94 OSP 0960 


Gray 


12/12/94 


94 OSP 1021 


West 


01/27/95 



Roy A. Keel & Zebedee Taylor v. Eastern Correctional Institution 
Roy A. Keel & Zebedee Taylor v. Eastern Correctional Institution 

Guilford Correctional Center 

Ann R. Williams v. Guilford Correctional Center #4440 

McDowell Correctional Center 



94 OSP 0160** 
94 OSP 0256* 4 



94 OSP 0428 



Nesnow 

Nesnow 



West 



07/20/94 
07/20/94 



06/22/94 



Michael Junior Logan v. Kenneth L. Setzer, McDowell Corr. Ctr. 
Polk Youth Institution 



94 OSP 0546 



Gray 



09/01/94 



Joseph Mark Lewanowicz v. Department of Correction, Polk Youth Inst. 
Cosmetic Art Examiners 



94 OSP 0926 



Nesnow 



11/07/94 



Mary Quaintance v. N.C. State Board of Cosmetic Art Examiners 

Department of Crime Control and Public Safety 

Don R. Massenburg v. Department of Crime Control & Public Safety 

Fred L. Kearney v. Department of Crime Control & Public Safety 

J.D- Booth v. Department of Crime Control & Public Safety 

Sylvia Nance v. Department of Crime Control & Public Safety 

Jerry Lewis v. Dept. of Crime Control & Public Safety, Highway F^trol 

Anthony R. Butler v. Highway I^trol 

Ruth P. Belcher v. Crime Control & Public Safety, State Highway Patrol 

Lewis G. Baker v. Crime Control & Public Safety, Office Adj. General 

William Smith v. State Highway Patrol 

Delores Y. Bryant v. Crime Control & Public Safety 

Dorothea Dix Hospital 

Bettie Louise Boykin v. Dorothea Dix Hospital 

Ernest Akpaka v. Scott Stephens, Dorothea Dix Hospital 

Durham County Health Department 

Lylla Denell Stockton v. Durham County Health Department 

East Carolina School of Medicine 

Gloria Dianne Burroughs v. ECU School of Medicine 
Lillie Mercer Atkinson v. ECU, Dept of Comp. Med., 
Dr. William H. PryorJr., Sheila Church 



94 OSP 0372 



Chess 



06/14/94 



90 OSP 0239 


Chess 


04/28/94 


91 OSP 0401 


West 


03/18/94 


92 OSP 0953 


Morrison 


10/18/94 


92 OSP 1463 


Reilly 


03/21/94 


93 OSP 1058 


West 


12/30/94 


93 OSP 1079 


West 


08/30/94 


94 OSP 0190 


Gray 


09/06/94 


94 OSP 0572 


Mann 


07/12/94 


94 OSP 0816 


Morrison 


09/09/94 


94 OSP 0986 


Gray 


12/14/94 



94 OSP 0831 
94 OSP 0962 



93 OSP 1780 



93 OSP 0909 

94 OSP 0162 



Nesnow 
Gray 



Gray 



Bee ton 
Gray 



09/28/94 
11/01/94 



05/25/94 



10/26/94 
10/06/94 



2204 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



William Lee Perkins v. ECU Sch of Med. Comp. Med. L. Blankenship, 
Tammy Barnes, Wm Pyroe 

East Carolina University 

Lois Toler Wilson v. East Carolina Univeisity 

Elizabeth City State University 

John Franklin Simpson & Wayne Tyrone Barclift v. Eliz. City St. U. 
John Franklin Simpson & Wayne Tyrone Barclift v. Eliz. City St. U. 
James Charles Knox v. Elizabeth City State University 

Employment Security Commission of North Carolina 

Dan G. Smith v. Employment Security Commission of N.C. 
Rejeanne B. LeFrancois v. Employment Security Commission of N.C. 

Department of Environment, Health, and Natural Resources 

Steven P. Karasinski v. Environment, Health, and Natural Resources 

Division of Marine Fisheries 

William D. Nicely v. Environment, Health, &. Natural Resources 

Fayetteville State University 

Bessie Carpenter Locus v. Fayetteville State University 
Roscoe L. Williams v. Fayetteville State University 

Department of Human Resources 

Inez Latta v. Department of Human Resources 

Judith C. Kurzer v. Department of Human Resources/Broughton Hospital 

Charla S. Davis v. Department of Human Resources 

Rose Mary Taylor v. Department of Human Resources, Murdoch Center 

David R. Rodgers v. Jimmy Summerville, Stonewall Jackson School 

Dr. Patricia Sokol v. James B. Hunt, Governor and Human Resources 

Bruce B. Blackmon, M.D. v. DHR, Disability Determination Services 

Craven County Department of Social Services 

Shirley A. Holland v. Craven Cty. Dept. /Social Services & Craven Cty. 
Nettie Jane Godwin (Lawhorn) v. Craven Cty. DSS & Craven Cty. 
Violet P. Kelly v. Craven Cty. Dept. of Social Services & Craven Cty. 
June Carol Jerkins v. Craven County Department of Social Services 

Durham County Department of Social Services 

Belinda F. Jones v. Daniel Hudgins, Durham Cty Dept of Social Svcs 
Ralph A. Williams v. Durham County Department of Social Services 

Haywood County Department of Social Services 
Dorothy Morrow v. Haywood County Department of Social Services 

Pamlico County Department of Social Services 
Mrs. Dietra C. Jones v. Pamlico Department of Social Services 

Lee County Health Department 
James Shacklefcm v. Lee County Health Department 

Lenoir County Health Department 
Nino A. Coley v. Lenoir County Health Department 



94 OSP 0741 



94OSP0143 



West 



Gray 



93 OSP 0356*" Mann 

93 OSP 0358*" Mann 

94 OSP 0207 Gray 



93 OSP 0865 
93 OSP 1069 



93 OSP 0940 



92 OSP 1454 



86 OSP 0202 
93 OSP 0487 



93 OSP 0728 

94 OSP 0167 



94 OSP 0186 



94 OSP 0251 



94 OSP 0344 



94 OSP 0503 



Bee ton 
West 



West 



Bee ton 



Morrison 
West 



Chess 
Reilly 



West 



Chess 



Gray 



West 



09/30/94 



12/06/94 



01/30/95 
01/30/95 
06/17/94 



11/23/94 
04/08/94 



09/02/94 



05/04/94 



11/18/94 
06/22/94 



93 OSP 0830 


Bee ton 


03/28/94 


93 OSP 1230 


Chess 


02/16/95 


93 OSP 1762 


Gray 


03/03/94 


94 OSP 0047 


Gray 


05/06/94 


94 OSP 0087 


Chess 


03/16/94 


94 OSP 0357 


Chess 


08/22/94 


94 OSP 0410 


Nesnow 


09/14/94 



93 OSP 1606 


Gray 


07/01/94 


93 OSP 1607 


Gray 


07/18/94 


93 OSP 1805 


Reilly 


07/05/94 


94 OSP 0758 


Nesnow 


01/11/95 



04/11/94 
09/13/94 



06/17/94 



08/09/94 



08/17/94 



01/13/95 



9:19 NCR 1591 



9:5 NCR 333 



9:18 NCR 1500 



9:9 NCR 655 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2205 



mumjimmnnumr-mm. 



CONTESTED CASE DECISIONS 



age.ncv 

Robeson County Department of Social Senices 

Patricia A. Hammonds V. Robeson County Dcpt. of Social Services 

Medical Assistance 

Delores Y. Bryant v. DHR, Division of Medical Assistance 
Delores Y Bryant v. DHR, Division of Medical Assistance 



CASE 
NUMBER 



94 OSP 0236 



94 OSP 0991 
94 OSP 0992 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Morrison 02/03/95 



Gray 
Gray 



10/27/94 
10/27/94 



Mental Health/Mental Retardation 
Yvonne G. Johnson v. Blue Ridge Mental Health 93 OSP 1604 Beaton 03/18/94 

Sandhills Center for Mental Health. Developmental Disabilities, and Substance Abuse Senices 
Steve LeGrand Avant v. Sandhills Qr. for MH/DD/SAS 94 OSP 0655 Chess 12/30/94 

Services for the Blind 
Donna L. Williams v. DHR, Division of Services for the Blind 93 OSP 1610 Morrison 10/25/94 

Wike Count\ : Mental Health, Developmental Disabilities, and Substance Abuse Senices 



Julia Morgan Brannon v. Wake County MH/DD/SAS 94 OSP 0214 Reilly 

Viryne Counrv Department of Social Senices 



Brently Jean Carr, Nancy Carol Carter v. Wayne County/Wayne 

County Department of Social Services 
Brently Jean Carr, Nancy Carol Carter v. Wayne County/Wayne 

County Department of Social Services 



94 OSP 0539* 8 Mann 
94 OSP 0540* 8 Mann 



Youth Senices 
David R. Rodgers v. DHR, Div. /Youth Services, Stonewall Jackson Sch. 94 OSP 0306 Chess 

Insurance 

Delores Y. Bryant v. Department of Insurance 94 OSP 0985 Gray 

Justice 

Delores Y. Bryant v. Department of Justice 94 OSP 0984 Gray 

Labor 

Sydney Sutton Mercer v. Department of Labor 94 OSP 1318 Reilly 

Public Instruction 



Elaine M. Sills v. Department of Public Instruction 
Delores Y Bryant v. Department of Public Instruction 
Delores Y. Bryant v. Department of Public Instruction 



Real Estate Appraisal Board 

Earl Hansford Grubbs v. Appraisal Board 94 OSP 0753 Nesnow 

Revenue 

Jeanette D. Olson v. Department of Revenue 94 OSP 0768 Nesnow 

Smoky Mountain Center 

Betty C. Bradley v. Smoky Mountain Center 93 OSP 1505 Becton 



04/14/94 



11/07/94 
11/07/94 



10/24/94 



02/08/95 



10/27/94 



02/15/95 



94 OSP 0781 


Gray 


10/06/94 


94 OSP 0981 


Grav 


11/28/94 


94 OSP 0982 


Gray 


11/28/94 



08/24/94 



02/03/95 



09/26/94 



t 



9:22 NCR 1949 



9:14 NCR 1141 



2206 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISIDZD DECISION 

REGISTER CITATION 



N.C. State University 

Albert S. Provenzano v. N.C. State Univeisity 

Albert S. Provenzano v. N.C. State Univeisity 

Laura K. Reynolds v. N.C. State University - Dept. of Public Safety 

Albert S. Provenzano v. N.C. State University 

Ashraf G. Khalil v. N.C.S.U. 

Robin Lazenby Boyd v. NC State University Human Res. /Seafood Lab 

Patsy E. Harris v. N.C. State University 

Department of Transportation 

Phyllis W. Newnam v. Department of Transportation 

Glenn I. Hodge Jr. v. Samuel Hunt, Sec'y. Dept. of Transportation 

Glenn I. Hodge Jr. v. Samuel Hunt, Sec'y. Dept. of Transportation 

Betey Johnston Powell v. Department of Transportation 

Arnold Craig v. Samuel Hunt, Secretary Department of Transportation 

Susan H. Cole v. Department of Transportation, Div. of Motor Vehicles 

Susan H. Cole v. Department of Transportation, Div. of Motor Vehicles 

Clyde Lem Hairston v. Department of Transportation 

Angela Trueblood Westmoreland v. Department of Transportation 

Bobby R. Mayo v. Department of Transportation 

Tony Lee Curtis v. Department of Transportation 

Darrcll H. Wise v. Department of Transportation 

Henry C. Puegh v. Department of Transportation 

Kenneth Ray Harvey v. Department of Transportation 

Bobby R. Mayo v. Transportation, Ferry Div. Jerry W Gaskill, Director 

Jean Williams v. Department of Transportation 

R. Stanley Morgan v. Department of Transportation 

Bobby R. Mayo v. Department of Transportation 

A. Dean Bridges v. Department of Transportation 

Michael Bryant v. Department of Transportation 

Pearlie M. Simuel -Johnson v. Department of Transportation 

Danny Lee Taylor v. Department of Transportation 

Freddie R. Lewis, Jr. v. Department of Transportation 

University of North Carolina at Chapel Hill 

William Paul Fearrington v. University of North Carolina at Chapel Hill 
Paulette M. McKoy v. University of North Carolina at Chapel Hill 
Paulette M. McKay v. University of North Carolina at Chapel Hill 
Eric W. Browning v. UNC-Chapel Hill 

Beth Anne Miller, R.N.-C v. UNC James A. Taylor Std Health Svc. 
Larry Torain v. Transportation & irking, UNC - Chapel Hill 

Department of Medicine 



Ella Washburne v. Aids Clinical Trials Unit, Dept of Medicine, UNC-CH 94 OSP 1772 
Ella Washburne v. Aids Clinical Trials Unit, Dept of Medicine, UNC-CH 94 OSP 1787 

University of North Carolina at Greensboro 

James S. Wilkinson v. UNCG Police Agency 93 OSP 0850 

UNC Hospitals 

Barry Alonzo Nichols v. UNC Hospitals Central Dist. Sect. 94 OSP 0509 

Wake County School System 

Lula Mae Freeman v. Wake County School System 94 OSP 0576 

The Whitaker School 

Dwayne R. Cooke v. The Whitaker School 94 OSP 0328 



91 OSP0867* 14 


Nesnow 


02/14/95 


92 OSP 05 19* 14 


Nesnow 


02/14/95 


92 OSP 0828 


Morgan 


05/26/94 


93 OSP 0594* 14 


Nesnow 


02/14/95 


93 OSP 1666 


Nesnow 


09/19/94 


94 OSP 0779 


Nesnow 


12/01/94 


94 OSP 0845 


Nesnow 


02/10/95 



92 OSP 1799 


Morgan 


08/11/94 






93 OSP 0297* 


Morrison 


03/10/94 


9:1 NCR 


bO 


93 OSP 0500* 1 


Morrison 


03/10/94 


9:1 NCR 


60 


93 OSP 0550 


Morrison 


03/28/94 






93 OSP 0586 


Nesnow 


07/11/94 






93 OSP 0908 


Morrison 


07/15/94 






93 OSP 0908 


Morrison 


10/07/94 






93 OSP 0944 


Chess 


02/28/94 






93 OSP 1001 


Morrison 


09/30/94 


9:14 NCR 


1136 


93 OSP 1004 


Nesnow 


09/01/94 






93 OSP 1037 


Reilly 


08/26/94 






93 OSP 1353 


Gray 


07/26/94 






93 OSP 1710 


Nesnow 


05/24/94 






94 OSP 0423 


Morrison 


08/17/94 






94 OSP 0479 


Nesnow 


01/24/95 






94 OSP 0502 


Morrison 


11/22/94 


9:18 NCR 


1504 


94 OSP 0586" 


Reilly 


12/13/94 






94 OSP 0632 


Gray 


08/23/94 






94 OSP 0654* 9 


Reilly 


12/13/94 






94 OSP 0728 


Chess 


08/15/94 






94 OSP 0844 


Gray 


11/14/94 






94 OSP 0979 


Chess 


01/23/95 






94 OSP 1023 


Reilly 


01/04/95 







91 OSP 0905 


Reilly 


10/19/94 


92 OSP 0380* 7 


Bee ton 


10/24/94 


92 OSP 0792* 7 


Bee ton 


10/24/94 


93 OSP 0925 


Morrison 


05/03/94 


94 OSP 0800 


Nesnow 


09/26/94 


94 OSP 1403 


Chess 


01/25/95 



Bee ton 
Bee ton 



Chess 



02/22/95 
02/22/95 



08/22/94 



Morrison 06/15/94 



Morrison 06/28/94 



9:5 NCR 



342 



Chess 



06/02/94 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2207 



""■™«~"««HWJmH»a-.u; 1 > w V-i J- 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Winston-Salem Stale University 

David Phillip Davis v. Winston- Sal em State University 

Tonny M. Jarrett v. Winston-Salem State University Campus Police 

STATE TREASURER 

Retirement Systems Division 

Molly Wiebenson v. Bd. /Trustees/Teachers' &. State Employees" Ret. Sys. 
Judith A. Dorman v. Bd. /Trustees /Teachers' & Slate Employees' Ret. Sys. 
Nathan Fields v. Bd. /Trustees/Teachers* & State Employees' Ret. Sys. 
John C. Russell v. Bd. /Trustees/Teachers' & State Employees' Ret. Sys. 
Marion Franklin Howell v. Teachers' & State Employees* Retirement Sys. 
Robert A. Slade v. Bd./Tmstees/N.C. Local Gcrvtl. Emp. Ret. System 
Connie B. Grant v. Bd. /Trustees/Teachers' & State Employees' Ret. Sys. 
James E. Walker, Ind. & Admin for the Estate of Sarah S. Walker v. Bd./ 

Trustees/N.C. Local Govt. Emp. Ret. System 
Elizabeth M. Dudley v. Bd. /Trustees /Teachers' & State Emps' Ret. Sys. 
Kenneth A. Glenn v. Bd. /Trustees/Teachers' & St Employees' Ret. Sys. 
Joseph Fulton v. Bd. /Trustees /Teachers* & Slate Employees' Ret. Sys. 
Deborah W. Stewart v. Bd. /Trustees /Teachers* & State Employees' 

Ret. Sys. and Anthony L. Hope & Derrick L. Hope 
Raymond G. Gurley v. Bd. /Trustees/Teachers' & State Emp. Ret. Sys. 

TRANSPORTATION 



93 OSP 0947 
93 OSP 0953 



Reilly 

Reilly 



09/28/94 
09/12/94 



92 DST 0015 


Morgan 


05/26/94 


9:6 NCR 


403 


92 DST 0223 


Morgan 


08/11/94 






93 DST 0161 


Morrison 


05/18/94 






93 DST 0164 


West 


03/07/94 






93 DST 0475 


Nesnow 


08/04/94 


9:12 NCR 


941 


93 DST 07S5 


Bee ton 


03/18/94 


9:1 NCR 


bS 


93 DST 08S3 


Chess 


06/15/94 






93 DST 1054 


Bee Ion 


05/31/94 


9:7 NCR 


490 


93 DST 1474 


Nesnow 


03/28/94 






93 DST 1612 


Morrison 


05/18/94 






93 DST 1731 


Becton 


05/25/94 






94 DST 0045 


Nesnow 


07/25/94 


9:10 NCR 


768 


94 DST 0876 


Gray 


02/09/95 


9:23 NCR 


2054 



Taylor & Murphy Construction Co. , Inc. v. Department of Transportation 93 DOT 1404 Chess 
US. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 

Robert Tolbert v. U.S. Equal Employment Opportunity Commission 94 USE 1410 Gray 

UNIVERSITY OF NORTH CAROLINA 



08/24/94 



12/14/94 



Heather Anne Porter v. State Residence Committee 
Nixon Omolodun v. UNC Physicians and Associates 



92 UNC 0799 
94 UNC 0295 



Nesnow 
Chess 



08/23/94 
06/27/94 



2208 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF NEW HANOVER 



IN THE OFFICE OF 

ADMEMISTRATTVE HEARINGS 

94 EHR 0312 



GINI LINN INGRAM ABEE, 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF 
ENVIRONMENT, HEALTH, AND NATURAL 
RESOURCES, DrVISION OF COASTAL 
MANAGEMENT, 

Respondent. 



RECOMMENDED DECISION 



This contested case was heard in Burgaw on November 3, 1994. Closing arguments were made by 
counsel in Raleigh on November 7, 1994. 

APPEARANCES 

Petitioner was represented by John Randolph Ingram, II of the law firm of Brady, Schilawski, Earls 
and Ingram in Cary. 

Respondent was represented by Attorney General Michael F. Easley in the person of Assistant 
Attorney Genera] David G. Heeter. 

ISSUES 

On February 21, 1993, Respondent denied Petitioner's application for a permit to build a house on 
Lot 11, Shell Island, Wrightsville Beach. Petitioner alleges the denial: 

1 . Constitutes a taking without just compensation in violation of the Constitutions of North Carolina and 

the United States of America; 



2. Is in excess of Respondent's authority or jurisdiction because the action is in violation of the state and 
federal Constitutions; 

3. Is erroneous because the application is consistent with existing erosion setback regulations, 15A 
NCAC 7H .0300 et. seq., and G.S. 113A-100 et. seq.; 

4. Is arbitrary and capricious because it is not based upon existing statutory or regulatory law; 

5. Is contrary to administrative rules promulgated by Respondent and General Statutes. 

Petitioner also applied for a variance from the permitting requirements of the Coastal Area 
Management Act. Respondent denied the variance. Petitioner alleges the denial was erroneous and that she 
is entitled to a variance pursuant to G.S. 113A-120.1, 15A NCAC 7H .0309, and 15A NCAC 7J .0700. 

BURDEN OF PROOF 

The burden is on Petitioner to prove her case by the greater weight of the evidence. 






9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2209 



CONTESTED CASE DECISIONS 



WITNESSES 

The following persons testified for Petitioner: 

Sherwin Cribb - Registered Land Surveyor 

John R. Ingram - Petitioner's father 

Gini Linn Ingram Abee - Petitioner 

William Manley - CAMA Local Permitting Officer 

Charles Robert Stroud - Wilmington District Manager, Division of Coastal Management 

The following person testified for Respondent: 

Preston Pate - Assistant Director of the Division of Coastal Management for Permitting 

and Enforcement of CAMA 

EXHIBITS 

The following exhibits were introduced into evidence in support of Petitioner's case: 

PI - Plat of Shell Island, Section II, Wrightsville Beach. 

P2 - Warranty Deed for Lot 1 1 from Petitioner to John F. Gaylord, Jr. 

P3 - Contract of Sale of Lot 1 1 from Petitioner to Gaylord. 

P4 - Long Term Average Annual Erosion Rates Updated Through 1986 for Carolina Beach Inlet 

to Old Topsail Inlet. 

P5 - Certified copy of 15A NCAC 7H .0300 et. seq. effective May 7, 1990, as those rules 

existed on February 20, 1992. 

P7 - Vegetation Line Survey of Lot 11, Section II, Shell Island done on December 5, 1992. 

P8 - CAMA Minor Development Permit filed by Petitioner. 

P9 - CAMA Variance Request filed by Petitioner. 

P12 - Aerial photo of Section II, Shell Island taken in June 1992. 

PI 5 - Aerial Photo of Shell Island taken in June 1992. 

PI 6 - Long Term Average Annual Erosion Rates Updated Through 1980 for Carolina Beach Inlet 
to Old Topsail Inlet. 

PI 7 - Aerial Photo of Shell Island taken September 1984 showing Ocean Erodible Area and Flood 
Hazard Area as of November 1, 1988. 

PI 8 - Aerial Photo of Shell Island taken in January 1977 showing Ocean Erodible Area and Flood 
Hazard Area as of July 1979. 



2210 NORTH CAROLINA REGISTER March 15, 1995 9:24 



CONTESTED CASE DECISIONS 



P19 - Series of photographs of Lot 11 and vicinity taken on November 16, 1992. 

P20 - Series of photographs of Lot 1 1 and vicinity taken on June 26, 1994. 

P21 - Series of photographs of Lot 11 and vicinity taken on September 12, 1993. 

P22 - Series of photographs of Lot 1 1 and vicinity taken on October 27, 1994. 

P23 - Warranty Deed dated May 11, 1973 of Lot 11 into John R. Ingram and wife, Virginia B. 
Ingram. 

P24 - Deed dated June 12, 1975 of Lot 1 1 from John R. Ingram and wife Virginia B. Ingram into 
Gini Linn Ingram, Trustee. 

P25 - 1990 Land Use Plan, Town of Wrightsville Beach. 

P26 - 1994 publication of the Town of Wrightsville Beach entitled, "Beach Renourishment" 
discussing the Shore and Hurricane Wave Protection Project. 

P27 - "A Methodology Report on 'Delineation of an Ocean Hazard Zone for North Carolina'" 
published July 1, 1979 by the Department of Marine Science and Engineering, North 
Carolina State University. 

P28 - "Average Annual Long Term Erosion Rate Update, Methods Report" published by 
Respondent on November 3, 1983. 

P29 - "Average Annual Long Term Erosion Rate Update, Methods Report" published by 
Respondent on September 1, 1988. 

P35 - Wrightsville Beach Renourishment Plan for FY 1990. 

The following exhibits were introduced by Respondent: 

R3 - Letter dated February 21, 1993 (sic) denying application for a CAM A Minor Development 

permit. 

R6 - Final Decision and Recommended Decision in T.B. Doe v. DEHNR, 89 NRC 0014. 

R8 - Aerial photo of Lot 11 and vicinity taken August 30, 1979. 

R10 - Aerial photo of Lot 11 and vicinity taken February 2, 1980. 

Rll - Aerial photo of Lot 11 and vicinity taken June 22, 1980. 

R12a - Series of four ground level photos taken of Lot R12d 11 on February 9 or 10, 1988. 

R14 - Memorandum to I&S Committee of the Coastal Resources Commission from staff member 
Charles Pattison. 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2211 



CONTESTED CASE DECISIONS 



JUDICIAL NOTICE 

Judicial notice is taken of the following exhibits identified at the hearing: 
PI 2 - Water Resources Development Act of 1986 (Public Law 99-662). 
R5 - 15A NCAC 7H .0300 et. seq. 

R13 - 15A NCAC 7J .0700 et. seq. 

STIPULATIONS 
The parties stipulated to the following facts: 

1. Lot 11, Section 2, Shell Island Development, is located adjacent to the Atlantic Ocean in the Town 
of Wrightsville Beach, County of New Hanover, State of North Carolina. 

2. Lot 1 1 is shown on a map entitled "Shell Island, Section II" recorded in Map Book 9, Page 50, New 
Hanover County Registry of Deeds on May 6, 1967. 

3. Robert E. Scott and wife Ruth E. conveyed Lot 11 to John Randolph Ingram and wife Virginia B. 
in a Warranty Deed recorded in Book 970, Page 749, New Hanover County Registry of Deeds, on 
May 11, 1973. 

4. In a letter dated February 8, 1982, John Nesbitt, Director, Department of Public Works, Town of 
Wrightsville Beach, declared Lot 1 1 unbuildable under the Coastal Area Management Act regulations 
and Town of Wrightsville Beach codes and ordinances. 

5. Gini Linn Ingram Abee, Trustee, conveyed Lot 11 to John F. Gaylord, Jr., in a Warranty Deed 
recorded in Book 1336, Page 1553, New Hanover County Registry of Deeds, on July 24, 1986. 

6. In an application for a CAMA Minor Development Permit dated January 25, 1994, Gini Linn Ingram 
Abee, Trustee, proposed to construct a 3,500 sq. ft. single family residence on Lot 11 with 1,750 sq. 
ft. on both the first and second floors. 

7. In a letter dated February 2, 1993, (sic), William R. Manley, Wrightsville Beach Local Permit 
Officer, denied Gini Linn Ingram Abee's permit application because he determined that the erosion 
setback established by the Coastal Resources Commission could not be complied with based on the 
measurement line as determined by him. 

8. Gini Linn Ingram Abee, Trustee, timely filed a Contested Case Hearing Petition with the Office of 
Administrative Hearings to challenge the denial of her application for a CAMA Minor Development 
Permit. 

9. Gini Linn Ingram Abee, Trustee, also seeks a variance from the Coastal Resources Commission to 
modify its rules governing development on the oceanfront and particularly the erosion setback 
requirement in Rule 15A NCAC 7H. 0306(a)(1). 

10. Lot 11 is the only lot in Shell Island, Section II, which has not been developed. 

Based upon a preponderance of the evidence admitted at the hearing, the Administrative Law Judge 
finds the following to be the facts: 



2212 NORTH CAROLINA REGISTER March 15, 1995 9:24 



CONTESTED CASE DECISIONS 



FINDINGS OF FACT 
I. 

1. In 1965, Moore's Inlet between Wrightsville Beach and Shell Island was closed. Also in that year, 
the Army Corps of Engineers began the Wrightsville Beach Renourishment Project. 

2. As a result of the inlet closure, Lot 11, Section II, Shell Island, Town of Wrightsville Beach, as well 
as surrounding lots, was created. Lot 11 was not actually part of the inlet, but was adjacent to the 
inlet where the beach was enlarged to connect Wrightsville Beach with Shell Island. 

3. Lot 11 is shown on a plat introduced into evidence as Exhibit PI. Lot 11 is 200 feet wide by 100 
feet deep. 

4. As initially constructed in 1965, the Wrightsville Beach Renourishment Project stopped some 1,000 
feet south of Lot 1 1 . However, transitional fill was placed oceanward of Lot 1 1 and tied into the 
beachfront somewhat north of Lot 1 1 . Exhibit P35 is a map of the renourishment project which took 
place in 1990. Although not evidence of the 1965 project, the Exhibit illustrates the manner in 
which a renourishment project transitions back onto existing beachfront. 

5. On June 12, 1975, John Randolph Ingram and wife Virginia B. Ingram deeded Lot 11 to their 
daughter Gini Linn Ingram as Trustee for herself and their other three children. 

6. As established in Stipulation #5, Gini Linn Ingram, who had since married and assumed the surname, 
Abee, deeded Lot 11 to John F. Gaylord, Jr. on July 24, 1986. Gaylord owns Lot 16, Section II, 
Shell Island, immediately north of Lot 11. Gaylord owns a large house on Lot 16. 

7. The deed from Abee to Gaylord contains a restriction 

whereby Abee is entitled to re-purchase Lot 1 1 should it become eligible for a building permit within 
fifty years after May 20, 1986. 

8. On January 25, 1994, Abee filed an Application for a CAM A Minor Development Permit with the 
Wilmington Regional Office of the Division of Coastal Management, N.C. Department of 
Environment, Health, and Natural Resources. Abee sought a permit to build a 3500 sq. ft. house on 
Lot 11 with a "footprint" of 1750 sq. ft. Lot 11 is designated by the 1990 Land Use Plan for the 
Town of Wrightsville Beach for use as a single family residence. 

9. Respondent is that agency of the State of North Carolina charged with enforcing the Coastal Area 
Management Act (hereafter "CAMA"). Because Lot 11 is located in an Ocean Hazard Area of 
Environmental Concern, CAMA requires a landowner to obtain a CAMA Minor Development Permit 
in order to build a house of the size planned by Abee. See G.S. 1 13A-1 18. 

10. Pursuant to CAMA, applications for minor development permits can be considered and determined 
by a designated local official. William R. Manley is an employee of the Town of Wrightsville Beach. 
Manley has been designated, pursuant to CAMA, since 1986 to review and determine applications 
for CAMA Minor Development Permits within the Town of Wrightsville Beach. Manley is known 
in his role with Respondent as the Local Permitting Officer (LPO). 

11. On February 21 , 1994, Manley wrote Abee a letter denying her application for a CAMA permit. The 
letter is erroneously dated "1993". 

12. Manley wrote that Abee's application was denied because she applied to "... erect a structure in an 
ocean hazard area oceanward of the erosion setback line which is inconsistent with 15A NCAC 7H 
.0306(a)(1) Y>ur erosion setback determination was taken from the pre-renourishment escarpment 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2213 



CONTESTED CASE DECISIONS 



or vegetation line, as is the DCM policy where wide scale beach re-nourishment has occurred. This 
line is based on 1980 photography and available through our office, (see attachment)". 

13. Attached to the denial letter is an aerial photo taken of Lot 11 and vicinity in 1980. Immediately 
parallel to the ocean is a solid black line running from Lot 36 of Section II, Shell Island to Lot 1, 
Section II, Shell Island. The line represents the average first line of stable natural vegetation as it 
existed in 1980. The next line back, which is parallel to the first line and is located on Lot 1 1, is 60 
feet back from the first line. 

14. The line is ten feet oceanward of the rear of Lot 11. If Abee were required to build behind this set- 
back line, there would not be enough room to build a house on Lot 1 1 . 

Il- 
ls. 15A NCAC 7H .0305(e) defines "Vegetation Line" as "...the first line of stable natural vegetation, 

which shall be used as the reference point for measuring oceanfront setbacks In areas where there 

is no stable natural vegetation present, this line shall be established by connecting or extending the 
lines from the nearest adjacent vegetation on either side of the site and by extrapolating (by either on- 
ground observation or by aerial photographic interpretation) to establish the line." 

16. The erosion rate in the area of Lot 1 1 is less than two feet per year. As a result, and because there 
are no frontal dunes on or around Lot 1 1 , Abee's proposed house must be located 60 feet back from 
the "vegetation line". See 15A NCAC 7H .0306(a)(1). Thus, interpretation of the phrase "first line 
of stable natural vegetation" is critical to the outcome of this contested case. 

17. Between 1970 and 1980, the Corps of Engineers did not renourish Wrightsville Beach. As a result, 
and because of natural phenomena, the beach in front of Lot 1 1 eroded so that in November, 1979, 
the erosion escarpment on Lot 1 1 was located ten feet oceanward of the rear property line. "Erosion 
escarpment" is defined at 15A NCAC 7H .0305(f). 

18. The Corps of Engineers renourished Wrightsville Beach in April 1980. As a result of this 
renourishment project, Respondent had a series of aerial photographs taken of Wrightsville Beach for 
the purpose of establishing the then existing "first line of stable natural vegetation". 

19. Respondent takes the position that the "first line of stable natural vegetation" on beaches that have 
been renourished is the first line of stable natural vegetation that existed prior to renourishment. In 
the case of Lot 11, this line is the line of vegetation that existed in 1980. 

20. Respondent takes the position that under its interpretation of the term "first line of stable natural 
vegetation", no development will ever be possible on Lot 11. 

21. Respondent has interpreted the term "first line of stable natural vegetation" in the manner it does in 
this case since 1980. Respondent uses the pre-renourishment vegetation line that existed in 1980 
because of the uncertainty of funding for renourishment projects. 

22. This interpretation is not reduced to writing in any document published by Respondent. 

23. 15A NCAC 7H .0305(e) makes no distinction between natural and renourished beaches. 

in. 

24. Sherwin Cribb has been a registered land surveyor since 1963. Ninety-nine percent of his surveying 
is of land in New Hanover County. Cribb is an expert in the field of land surveying. 



2214 NORTH CAROLINA REGISTER March 15, 1995 9:24 



CONTESTED CASE DECISIONS 



25. Cribb surveyed Lot 1 1 on December 5, 1992. On that day, Cribb observed beach grass on Lot 11 
that runs parallel to the ocean between 30 to 40 ft. back from the front lot line. Cribb observed shrub 
like vegetation at the front lot line which ran south along the lot line for about 100 ft. and then 
tapered toward Lot 6 to about 50 ft. back from the front of Lot 1 1 . The vegetation lines are depicted 
on Exhibit P7. 

26. By November 2, 1994, the beach grass had migrated seaward so that it formed a rough line starting 
at the northern corner of the front of Lot 1 1 and ran gradually back to a point on the southern 
boundary of Lot 11 approximately 25 ft. back from the front of Lot 11. This line of beach grass is 
shown on Exhibit P7 as a yellow line. 

27. The grass on Lot 11 has not been planted or artificially nourished by anyone. 

28. In February 1988, John Gaylord dumped fill on Lot 1 1. The fill had a higher clay content than the 
soil naturally occurring on Lot 1 1 . The fill is able to retain moisture better than the naturally 
occurring soil. Respondents took enforcement action against Gaylord, but did not require Gaylord 
to remove the soil. 

29. Manley believes vegetation is "stable" if it has been in place for 8 to 10 years. This is the amount 
of time it takes roots to stabilize sand dunes. According to Respondent's interpretation of 15A NCAC 
7H .0305(e), no vegetation on Lot 1 1 can ever become stable, no matter how long it exists on the lot 
and how many dunes may form. 

30. Charles Robert Stroud is the Wilmington District Manager for the Division of Coastal Management 
("DCM"). Stroud does not believe the kind of beach grass that is growing on Lot 11 is a stable 
species because it does not flourish south of Cape Lookout, North Carolina, and usually dies out 
within three years of becoming established. Stroud believes that bitter panicum and sea oats are 
stable, natural vegetation in Ocean Hazard areas such as Lot 1 1 . Stroud believes the beach grass 
growing on Lot 1 1 is responding to the clay content of the fill placed on the lot by Gaylord. Under 
DCM's interpretation of 15A NCAC 7H .0305(e), no bitter panicum or sea oats that may grow on 
Lot 11 can ever be characterized as stable, natural vegetation. 

31. According to Manley, there is stable natural vegetation on Lot 6 and on the northern corner of Lot 
16. 

32. If a line were drawn by connecting the oceanward points on Lot 16 where there is stable, natural 
vegetation with the oceanward points on Lot 6 where there is stable, natural vegetation, the line would 
run roughly along the yellow line drawn on Exhibit P7, roughly twenty-five feet back from the 
oceanward boundary of Lot 1 1 . 

IV. 

33. Wrightsville Beach was renourished in 1965, 1966 and 1970. Wrightsville was not renourished 
during the decade between 1970 and 1980, but was renourished again beginning on May 11, 1980, 
April 11, 1981, and June 1, 1986. 

34. Lot 11 eroded between the time the Ingrams purchased it in 1973 and 1980, with the most significant 
erosion taking place between August 1979 and June 13, 1980. In 1980, and again in 1986, when 
Respondent studied Long Term Average Annual Erosion Rates for Wrightsville Beach and 
neighboring beaches, Lot 1 1 was accreting due to renourishment. 

35. The Water Resources Development Act of 1986 (RL. 99-662) (hereafter "Act") became effective 
November 17, 1986. The Act authorizes federal funding for beach renourishment at Wrightsville for 
the purpose of shore and hurricane wave protection. The Act authorizes the expenditure of federal 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2215 



CONTESTED CASE DECISIONS 



funds for the next 50 years for beach renourishment at Wrightsville Beach. The economic life of a 
house is 30 years. 

36. In June, 1991 and during 1994, Wrightsville Beach was renourished pursuant to the Act. Pursuant 
to the Act, the cost was shared by the Town of Wrightsville Beach and the State of North Carolina. 
The extent of the renourishment is shown on Exhibit P35. Lot 11 is designated on the exhibit by a 
red dot. Lot 11 is in a transition zone where the fill is transitioned from the full renourishment 
project back into the natural beach. 

37. Since 1938, Wrightsville Beach has accreted as the result of renourishment projects. By 1986, this 
accretion was roughly two feet in the area of Lot 1 1 . 

38. Beaches that have been renourished erode between renourishments largely because the grains of sand 
that are deposited are finer and smaller than naturally occurring beach sand and are, thus, more easily 
carried away by wind and wave. 

39. The assessed tax value of property in Wrightsville Beach in 1994 was $638 million. The cost of the 
1994 renourishment project was estimated to be $1,883,200. 

40. Seventy-five per cent of the New Hanover County Room Occupancy Tax is designated for use in 
controlling beach erosion. 

41. The Corps of Engineers estimated for the 1994 renourishment an annual cost-benefit ratio of 1 to 4. 

42. The Town of Wrightsville Beach is committed to beach renourishment for obvious financial reasons. 
The State of North Carolina has committed funds to renourishment at Wrightsville. Statutory 
authority exists to commit funds to beach renourishment in the future. 

V. 

43. The southern tip of Wrightsville Beach has accreted approximately 5 ft. due to the natural phenomena 
of wave action carrying sand into Masonboro Inlet. Masonboro Inlet is a navigable water of the 
United States of America and it is from this inlet that sand is dredged and deposited onto Wrightsville 
Beach. Thus, a navigable waterway is maintained as well as the beach. 

44. On un-renourished beaches. Respondent determines the "vegetation line" by on-site inspection. At 
Wrightsville's renourished beach. Respondent uses aerial photos taken in 1980 to determine the 
average first line of stable natural vegetation for the entire beachfront. This average becomes the 
"vegetation line". 

45. On the south end of Wrightsville Beach, which is accreting naturally. Respondent allows landowners 
to install sand fences and artificially plant and nourish vegetation. Respondent considers this 
vegetation to be stable and natural for purposes of establishing the "vegetation line". 

46. Respondent treats naturally accreting beaches and artificially accreting beaches differently because of 
an anxiety that funding for renourishment projects will not always be available and the gains made 
in the renourished areas will literally be washed away. 

47. No duly promulgated administrative rule exempts renourished beaches from on-site calculation of the 
vegetation line and consideration of artificially planted and nourished vegetation. 

48. In 1981, there was discussion by the Implementation and Standards committee of the Coastal 
Resources Commission regarding measurement of the "vegetation line" on renourished beaches. In 
a memo admitted as Exhibit R14, it appears that the consensus of that committee is that the rules 
would not allow renourishment projects to alter the vegetation line. 



2216 NORTH CAROLINA REGISTER March 15, 1995 9:24 



CONTESTED CASE DECISIONS 



49. Since the discussion in 1981, the Coastal Resources Commission has never promulgated an 
administrative rule excepting renourished beaches from 15A NCAC 7H .0305(c). 

VL 

50. A person who has received a denial of an application of a CAMA minor development permit may 
petition for a variance. 

51. Variances may only be granted following affirmative findings by the Coastal Resources Commission 
on each of the following points: 

i) enforcement of the applicable development guidelines or standards will cause the petitioner 

practical difficulties or unnecessary hardships; 

ii) such difficulties result from conditions peculiar to the petitioner's property; 

iii) such conditions could not reasonably have been anticipated by the Commission when the 

applicable guidelines or standards were adopted; and 

iv) the proposed development is consistent with the spirit, purpose and intent of the 

Commission's rules. See 15A NCAC 7 J 0703(f). 

52. Preston Pate is the Assistant Director of the Division of Coastal Management (hereafter "DCM") for 
Permitting and Enforcement of CAMA. Mr. Pate testified in support of the denial of Petitioner's 
permit and application for a variance. In his testimony, Mr. Pate stated DCM's interpretation of the 
four criteria established by administrative rule set forth in Finding #50 above. 

53. DCM interprets whether a variance request meets 15A NCAC 7J .0703(f)(1) by asking whether the 
petitioner can physically complete the development and whether the difficulty and hardship caused 
the petitioner by enforcement of the applicable development standard is unique to petitioner or shared 
by others in the AEC or type of AEC. DCM does not believe Abee's proposed development meets 
the first standard because there are many lots along the North Carolina coast which have been 
rendered unbuildable by CAMA. 

54. Lot 1 1 is zoned by the Town of Wrightsville Beach for a single family residence. There is no other 
oceanfront lot in Wrightsville Beach upon which development has been precluded. 

55. DCM does not believe the difficulties Abee is experiencing in developing Lot 11 result from 
conditions peculiar to Lot 1 1 . There are other oceanfront lots with high erosion rates. Beach 
renourishment has occurred or is ongoing at Atlantic Beach, Carolina Beach, Bald Head Island, and 
Figure 8 Island. Other inlets have filled in, although only two others, one in Buxton filled by the 
National Park Service and one at Tubbs Inlet on Sunset Beach have been filled in by man. 

56. Lot 1 1 is the only lot on a North Carolina beach, created by man filling in an inlet, which is the 
subject of an ongoing renourishment project. 

57. Mr. Pate testified that the conditions on Abee's Lot 11, were reasonably anticipated by the 
Commission because the Commission thoroughly debated the issue of how to define the "vegetation 
line" on renourished beaches. Mr. Pate testified there are no circumstances that have not been 
debated with regard to ocean setback rules. 

58. No renourishment project had been undertaken at Wrightsville Beach for over seven years when the 
administrative rule defining "vegetation line" was promulgated in 1977. The Water Resources Act of 
1986 had not been enacted when the administrative rule was promulgated. 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2217 



CONTESTED CASE DECISIONS 



59. The Commission did not anticipate that the Act would authorize funds for beach renourishment for 
a period of 50 years. 

60. Mr. Pate testified that the proposed development of a single family house on the lot was not consistent 
with the spirit, purpose and intent of the Coastal Resources Commission's rules because the house 
would be in a high hazard area and closer to the ocean than the required set back line. Mr. Pate 
testified that the development would have an adverse impact on the public health and safety and an 
adverse impact on the public trust area. 

61. Lot 11 is zoned for single family housing. All lots surrounding Lot 11 contain single family houses. 

62. The proposed development on Lot 11 would be on the rear third of the lot and would not interfere 
with the public's use of the public beach in front of Lot 1 1 . 

63. The proposed development on Lot 11 would be consistent with construction requirements for 
development in an Ocean Hazard AEC. 

Based on the foregoing, the undersigned concludes as follows: 

CONCLUSIONS OF LAW 

1 . As a result of the passage of CAMA, Respondent's promulgation of administrative rules pursuant to 
the authority of CAMA, and Respondent's interpretation of the law, Petitioner is prevented from 
using Lot 11 in the manner permitted by the Land Use Plan of the Town of Wrightsville Beach, that 
is, for a single family dwelling. 

2. As a result of Respondent's interpretation of 15A NCAC 7H .0305(e) defining "Vegetation Line", 
Petitioner is prevented from using Lot 1 1 for all time in the manner permitted by the Land Use Plan 
of the Town of Wrightsville Beach, that is, for a single family dwelling. 

3. The beach grass currently growing on Lot 11 is natural vegetation. The grass was not artificially 
planted or nourished and is of a type that naturally pioneers stable plants such as bitter panicum and 
sea oats. The fact that Lot 1 1 contains some degree of higher clay content soil than would naturally 
occur does not render the beach grass un-natural since there is no evidence Petitioner caused or 
participated in causing the soil to be deposited on Lot 1 1 , and because for reasons that would seem 
to be abundantly prudent, the Coastal Resources Commission did not require the soil to be removed 
once it was deposited. 

4. The beach grass is not a stable vegetation. The grass tends to die out a few years after it appears and 
mainly serves as a pioneering species for bitter panicum and sea oats. Bitter panicum and sea oats 
are stable species because of their survivability and their ability to aid in the natural building of sand 
dunes. 

5. Stable natural vegetation is present on Lot 16 adjacent to Lot 11 on the north and on Lot 6 adjacent 
to Lot 11 on the south. When these lines are connected, pursuant to 15A NCAC 7H .0305(e), a 
vegetation line is established on Lot 1 1 from the very front of the Lot at its northern edge to 25 ft. 
back from the front of the Lot at its southern edge. 

6. Respondent acted erroneously when it failed to apply 15A NCAC 7H .0305(e) to Lot 11. 

Respondent has taken the position for over 13 years that the vegetation line on renourished beaches 
must be determined on the basis of the pre-renourishment vegetation line, but has never promulgated 
an administrative rule to that effect. 



2218 NORTH CAROLINA REGISTER March 15, 1995 9:24 



CONTESTED CASE DECISIONS 



Nothing in the text of the rule would lead one to believe it did not apply to renourished beaches. 
Respondent's interpretation of the rule amounts to de facto rulemaking in that it nullifies the rule in 
a circumstance known and extensively debated by Respondent without putting the public on notice, 
conducting a public hearing and publishing the very significant exception to the rule. 

7. Respondent's interpretation of 15A NCAC 7H .0305(e) is arbitrary and capricious. 

Pursuant to Respondent's interpretation, if bitter panicum and sea oats were to begin growing along 
the front line of Lot 1 1 , a line of dunes were to form, and the beach were to continue to accrete, Lot 
11 would never be developable because it lies in the transition zone of a renourishment project. 
Assuming, arguendo, that the renourishment project will end at some time in the future, there is no 
reason to believe that a Lot 1 1 which contains stable natural vegetation and frontal dunes would be 
any more vulnerable to the hazards that result in this area being classified as an Ocean Hazard AEC. 
Yet, pursuant to Respondent's interpretation, Lot 1 1 would be undevelopable because it was 
undevelopable in 1980. 

8. Respondent's denial of Petitioner's application for a CAM A minor development permit was contrary 
to the plain meaning of 15A NCAC 7H .0305(e). 

9. Neither the Administrative Law Judge, nor the final administrative decisionmaker have the authority 
to declare CAMA unconstitutional on its face or as applied. 

However, it is well established that where a statute is capable of two interpretations, one which would 
render it unconstitutional and one which would preserve the statute, that courts construe the statute 
in such a way as to preserve the constitutionality. Respondents have interpreted 15A NCAC 7H 
.0305(e) in such a way as to render their action capable of being adjudicated to be a taking without 
just compensation because there is no circumstance under which Petitioner will ever be able to use 
Lot 1 1 for the purpose set forth in the Town of Wrighstville Beach Land Use Plan. On the other 
hand, Respondent could apply the rule according to its plain meaning; determine if there is a 
"vegetation line"; if so, where it is; and whether development can be accomplished behind the setback 
line. This interpretation would not be arbitrary and capricious and would place on Petitioner a much 
tougher burden of showing that CAMA denied all economically beneficial or productive use of Lot 
11. 

10. Petitioner satisfies the requirements for a variance: 

a. Enforcement of the applicable development guidelines or standards will cause Petitioner 
practical difficulties and unnecessary hardship; 

b. The difficulties and hardships result from conditions peculiar to Petitioner's property; 

c. The conditions were not anticipated by the Coastal Resources Commission. The Commission 
could not have anticipated the passage of the Water Resources Development Act. The 
Commission has never adopted DCM's interpretation that 15A NCAC 7H .0305(e) does not 
apply to renourished beaches. The Commission has never, by any vote, adopted the I & S 
Committee's report on vegetation lines on renourished beaches. The Doe case is so factually 
dissimilar to this case, that it cannot be said to be an adoption by the Commission of DCM's 
interpretation of 15A NCAC 7H .0305(e). 

d. The proposed development is consistent with the spirit, purpose and intent of the 
Commission's promulgated rules. 

11. Because Petitioner's proposed development would be more than 60 ft. behind the "vegetation line", 
the development meets the requirements of 15A NCAC 7H .0309(b) and can be developed as an 
exception from the Use Standards for Ocean Hazard Areas. 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2219 



CONTESTED CASE DECISIONS 



a. The "lot size" referred to in 15A NCAC 7H .0309(b)(4)(B) is the size specifically described 

in a recorded plat as of June 1, 1979. 

12. The mere existence of the exception set forth in 15A NCAC 7H .0309(b) may be evidence that the 

Coastal Resources Commission does not intend lots that existed before the 1980 Corps renourishment 
projects to be forever precluded from development. The exception applies to lots existing as of June 
1, 1979. The exception does not state that it doesn't apply to renourished beaches. The exception is 
meaningless with regard to Lot 1 1 if the vegetation line is that which existed in 1980, rather than that 
which may come into existence after 1980. 

Based on the foregoing, the undersigned makes the following: 

RECOMMENDED DECISION 

The Coastal Resources Commission should reverse the decision of the Local Permitting Officer to 
deny Petitioner's application for a CAMA Minor Development Permit, and grant the permit. The decision 
to deny the variance would, thus, become moot. If the Commission does not reverse denial of the permit, 
the variance should be granted. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P. O. Drawer 27447, Raleigh, N. C. 27611-7447, in accordance with North Carolina General 
Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this Recommended Decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties' attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the Coastal Resources 
Commission. 

This the 24th day of February, 1995. 



Thomas R. West 
Administrative Law Judge 



2220 NORTH CAROLINA REGISTER March 15, 1995 9:24 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

94 DOJ 1636 



TERRY SUGGS 

Petitioner, 

vs. 

NORTH CAROLINA PRIVATE PROTECTIVE 
SERVICES BOARD 
Respondent. 



PROPOSAL FOR DECISION 



The above-captioned matter was heard before Dolores O. Nesnow, duly-appointed Administrative Law 
Judge, on December 13, 1994, in Raleigh, North Carolina. 



For Petitioner: 



For Respondent: 



APPEARANCES 

Terry Suggs 
Petitioner - Pro Se 

Charles F. McDarris 
Attorney at Law 
Attorney for Respondent 

ISSUE 



Did the North Carolina Private Protective Services Board (Board) err in denying the Petitioner's 
application for an unarmed security guard registration? 

STATUTES AND RULES IN ISSUE 

G.S. 74C-2 
G.S. 74C-3(a)(16) 
G.S. 74C-8 
G.S. 74C-9 
G.S. 74C-11 
G.S. 74C-12 
12 NCAC 7D .0700 et seq. 

Based upon careful consideration of the testimony and evidence presented at the hearing, the 
documents and exhibits received into evidence, and the entire record in this proceeding, the undersigned 
makes the following: 

FINDINGS OF FACT 

1. On July 3, 1994, Petitioner applied to the Board for an unarmed security guard registration. 

2. A criminal history check indicated that the Petitioner has the following convictions: 

August 1 992 - 4 1 counts of worthless checks 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2221 



fnniMiminnniiiiiriiimiiiii mi n milium ihtiimi 



CONTESTED CASE DECISIONS 



3. On August 5, 1994, the Board sent Petitioner a letter denying her application based upon the 
above convictions. 

4. In 1981, Petitioner was married and had a small baby. At the Christmas season, Petitioner's 
husband took money out of their checking account. They had written a large number of checks which would 
no longer be covered by the money in their checking account. 

5. After they became aware that numerous checks had bounced, Petitioner's husband convinced 
her to leave the State and move to Florida, which they did. 

6. Petitioner's husband told her that they would eventually pay off the outstanding checks but 
that did not occur. 

7. In approximately 1992, Petitioner returned to North Carolina, found an attorney, Christina 
Rivenbark, and directed her attorney to locate the warrants. 

8. Ms. Rivenbark went to the District Attorney and tried to find the warrants. At first, the D.A. 
was unable to locate the warrants but eventually they located them on microfiche. 

9. Petitioner directed her attorney to plead guilty to all of the worthless check charges because 
she wanted her record cleared and she wanted to pay off the outstanding amounts. 

10. The total amount owed on the worthless checks was $3,619.30. 

11. Subsequently, Petitioner was divorced. 

12. Petitioner had no criminal record prior to these warrants and no criminal record after these 
warrants. 

13. Petitioner went to insurance school and passed the licensing test. She was going to receive 
a license if she could find an employer who would hire her knowing her criminal record. 

14. In the meantime, Petitioner began to work at Carolina Security Patrol in payroll/accounting 
for Charlie Joyce. Mr. Joyce stated that he would hire her as a supervisor of guards if she was able to get 
registered. 

15. Petitioner testified that her goal is to become involved in fraud investigations. 

16. Petitioner stated that while she was still in Florida and after she had made a trip to North 
Carolina to retain an attorney, she began making payments on the attorney fees. Subsequently, once she had 
pled guilty and a payment schedule was arranged, she began making payments according to the schedule. 

17. Petitioner testified that her husband had had a problem with handling money and stated: 
"Andy was a habitual check writer." She also testified that her husband had led her into the problem and that 
the money had been in the account when she wrote the checks, but when the checks began to come in, the 
money was gone. 

18. Petitioner testified that she would not be pursuing this permit and going through the 
"embarrassment and humiliation" of this hearing unless she had goals and wanted to clear her record and 
pursue the career she has chosen. 

Based upon the above Findings of Fact, the undersigned makes the following: 



2222 NORTH CAROLINA REGISTER March 15, 1995 9:24 



CONTESTED CASE DECISIONS 



CONCLUSIONS OF LAW 

1. N.C. Gen. Stat. 74C-8 and 12 NCAC 7D .0703 requires that an applicant for registration 
shall be of good moral character and temperate habits. 

2. The evidence presented at the hearing indicates that the Petitioner has had one incident during 
which she participated in the worthless check activity as outlined above and also in the avoidance of 
prosecution. 

3. The Petitioner was not the sole culpable party but was at least an "aider and abetter" along 
with her husband. 

The Petitioner's return to North Carolina and her efforts to have the warrants found, to plead 
guilty, and to agree to a payment schedule some 10 years after the events, are efforts which are highly 
commendable. While the Petitioner may have had many motives for clearing her record in North Carolina, 
she nevertheless presented herself to the Prosecutor on some very old warrants, submitted herself to the 
enforcement of the law, and sustained legal fees in the process. 

While the issuance of worthless checks amounting to $3,619.30 cannot be overlooked, neither 
can the Petitioner's efforts to rectify this wrong. 

Petitioner does not seek a license to operate her own business. Rather, she seeks a 
registration to work under the supervision of a licensee. The evidence presented indicates that she has 
developed a professional relationship with a licensee who is prepared to hire Petitioner not merely to work 
as an unarmed guard, but to supervise his guards. 

It appears, based on the evidence presented at the hearing, that the Petitioner has successfully 
rebutted any indication that she may, at this point and time, have a lack of good moral character. 

Based upon the above Conclusions of Law, the undersigned makes the following: 

PROPOSAL FOR DECISION 

That the Board grant the Petitioner's application for an unarmed security guard registration with the 
following provisions: 

a. That Petitioner submit to the Board on a six month basis a criminal history 
check and that this be provided to the Board for a period of two years; 

b. That the Petitioner prepare a brief report of her employment status for 
the signature of her supervisor, Charles Joyce, for submission to the 
Board and that this report be prepared every six months for a period 
of two years. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 2761 1-7447, in accordance with North Carolina General Statute 
150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions and proposed findings of fact and to present oral and written arguments to the 
agency. G.S. 150B-40(e). 



9:24 NORTH CAROLINA REGISTER March IS, 1995 2223 

mnnnnnm 



CONTESTED CASE DECISIONS 



A copy of the final agency decision or order shall be served upon each party personally or by certified 
mail addressed to the party at the latest address given by the party to the agency and a copy shall be furnished 
to his attorney of record. G.S. 150B-42(a). It is requested that the agency furnish a copy of the Office of 
Administrative Hearings. 

The agency that will make the final decision in this contested case is the North Carolina Private 
Protective Services Board. 



This the 23rd day of February, 1995. 



Dolores O. Nesnow 
Administrative Law Judge 



2224 NORTH CAROLINA REGISTER March 15, 1995 9:24 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


, 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



9:24 



NORTH CAROLINA REGISTER 



March 15, 1995 



2225 



- 



mnmonR 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1994 - March 1995) 



Pages 



Issue 



1 - 75 1 - April 

76 - 122 2 - April 

123 - 226 3 - May 

227 - 305 4 - May 

306 - 348 5 - June 

349 - 411 6 - June 

412 - 503 7 - July 

504 - 587 8 - July 

588 - 666 9 - August 

667 - 779 10 - August 

780 - 876 11 - September 

877 - 956 12 - September 

957 - 1062 13 - October 

1063 - 1151 14 - October 

1152 - 1241 15 - November 

1242 - 1339 16 - November 

1340 - 1392 , 17 - December 

1393 - 1512 18 - December 

1513 - 1602 19 - January 

1603 - 1696 20 - January 

1697 - 1882 21 - February 

1883 - 1962 22 - February 

1963 - 2068 23 - March 

2069 - 2229 24 - March 



Unless otherwise identified, page references in this Index are to proposed rules. 



ADMINISTRATION 

State Employees Combined Campaign, 878 

ADMINISTRATIVE HEARINGS 

Rules Division, 1663 

AGRICULTURE 

Food and Drug Protection Division, 1963 
Plant Industry, 127, 1245 

COMMERCE 

Alcoholic Beverage Control Commission, 423 
Banking Commission, 884, 1515, 1701 
Community Assistance, 1394 
Energy Division, 4 

COMMUNITY COLLEGES 

Community Colleges, 1305, 1661 



2226 



NORTH CAROLINA REGISTER 



March 15, 1995 



9:24 



CUMULATIVE INDEX 



CORRECTION 

Prisons, Division of, 1157 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, Division of, 243 

CULTURAL RESOURCES 

Arts Council, 960 

State Library, Division of, 1889 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 443, 825, 1185, 1283, 1427, 1550 

DEM/Air Quality, 80, 805 

Departmental Rules, 254 

Environmental Management, 81, 258, 352, 616, 959, 1261, 1348, 1405, 1639, 1899, 1979, 2073 

Health Services, 323, 370, 445, 834, 913, 1000, 1112, 1557, 2127 

Marine Fisheries Commission, 820, 989, 1109, 1244 

Mining Commission, 442 

NPDES Permit, 3, 232 

Parks and Recreation, 1194 

Radiation Protection Commission, 678 

Sedimentation Control Commission, 1648 

Soil and Water Conservation, 1371 

Solid Waste Management, 171, 364, 1287 

Water Resources, 165, 255 

Wildlife Resources Commission, 38, 42, 84, 358, 830, 910, 999, 1285, 1427, 1553, 1653, 1854, 1900, 

2120 
Wildlife Resources Commission Proclamation, 125 

FINAL DECISION LETTERS 

Voting Rights Act, 2, 312, 506, 594, 958, 1243, 1340, 1393, 1700, 2069 

GENERAL STATUTES 

Chapter 150B, 780 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 123, 227, 306, 349, 412, 504, 588, 667, 877, 957, 1152, 1242, 1513, 1697, 1883 

HUMAN RESOURCES 

Aging, Division of, 1890 

Child Day Care Commission, 10 

Child Development, 1531 

Children's Services, 136 

Day Care Rules, 148 

Departmental Rules, 668, 2070 

Facility Services, 4, 128, 423, 509, 668, 890, 1341, 1603, 1971 

Medical Assistance, 318, 440, 513, 597, 964, 1155, 1247, 1631, 1891, 1972 

Medical Care Commission, 1161, 1718 

Mental Health, Developmental Disabilities and Substance Abuse Services, 13, 24, 36, 313, 430, 961, 

1063 
Social Services, 136, 595, 802, 1167, 1343 
Vocational Rehabilitation Services, 434 

INDEPENDENT AGENCIES 

State Health Plan Purchasing Alliance Board, 99, 1030 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2227 



CUMULATIVE INDEX 



INSURANCE 

Actuarial Services Division, 1072, 1257, 1635 

Agent Services Division, 1065 

Consumer Services Division, 1633 

Departmental Rules, 891, 1632 

Financial Evaluation Division, 892 

Life and Health Division, 525, 905, 1071, 1255, 1634 

Medical Database Commission, 605 

Multiple Employer Welfare Arrangements, 76 

Property and Casualty Division, 892, 1634 

Special Services Division, 76 

JUSTICE 

Alarm Systems Licensing Board, 351, 614, 804, 1175, 1853 

Criminal Justice Education and Training Standards Commission, 149, 981 

Private Protective Services, 802, 1174, 1400 

Sheriffs' Education & Training Standards Commission, 670, 986, 1075 

State Bureau of Investigation, 234, 530 

LABOR 

Boiler and Pressure Vessel, 1076 

Mine and Quarry Division, 239 

OSHA, 77, 160, 675, 906, 1258, 1401, 1546, 1973, 2071 

Private Personnel Services, 1176 

Variance, 230 

LICENSING BOARDS 

Acupuncture Licensing Board, 44, 2016 

Architecture, Board of, 1905 

Auctioneers Licensing Board, 836 

Barber Examiners, 563 

Chiropractic Examiners, 376 

Cosmetic Art Examiners, 280, 1027 

Dietetics/Nutrition, 1115 

Electrical Contractors Examiners, 1199 

Electrolysis Examiners, 1204 

General Contractors, 1658 

Landscape Architects, Board of, 95 

Medical Examiners, 192, 565, 1119, 1206 

Mortuary Science, 720, 1120 

Nursing, Board of, 45, 724, 1209 

Opticians, Board of, 845 

Optometry, Board of Examiners, 194, 1660 

Pharmacy, Board of, 2162 

Physical Therapy Examiners, 566 

Plumbing, Heating and Fire Sprinkler Contractors, Board of, 96, 725 

Practicing Psychologists, Board of, 97, 1571 

Professional Counselors, Board of Licensed, 50 

Professional Engineers and Land Surveyors, 728, 924 

Sanitarian Examiners, 730 

LIST OF RULES CODIFIED 

List of Rules Codified, 53, 196, 281, 378, 635, 742, 926, 1041, 1306, 1480, 1666, 1917, 2183 



2228 NORTH CAROLINA REGISTER March 15, 1995 9:24 



CUMULATIVE INDEX 



PUBLIC EDUCATION 

Elementary and Secondary Education, 375, 540, 920, 1197, 1568, 2158 



SECRETARY OF STATE 

Land Records Management Division, 712 
Notary Public Division, 1112 
Securities Division, 476, 616, 709, 1904 

STATE PERSONNEL 

Office of State Personnel, 477, 847, 1214, 1574, 2018 

TAX REVIEW BOARD 

Orders of Tax Review, 415, 1885 

TRANSPORTATION 

Administration, Director of, 1478 
Highways, Division of, 85, 718, 923, 1114, 1300, 2159 
Motor Vehicles, Division of, 89, 276, 542, 2015 
Secretary of Transportation, 1658 



9:24 NORTH CAROLINA REGISTER March 15, 1995 2229 

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STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings 

P.O. Drawer 27447 

Raleigh, North Carolina 27611-7447 










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:-iK3. 



FIRST CLASS MAIL 



585 
UNIU. OF NORTH CAROLINA 
LAM LIBRARY CBtf 3385 
VAN HECKE-UETTACH 064-A 
CHAPEL HILL 



NC 27599 



590 PG 

04/14/95 ''46228 



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